Architects (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Architects (Amendment) Act 2004 Act No. 35/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE ARCHITECTS ACT 1991 3 3. Principal Act 3 4. Purposes 3 5. Definitions 3 6. New Part 2 substituted 4 PART 2—PROHIBITED CONDUCT 4 4. Representing a natural person to be an architect 4 5. Representing an unincorporated body to be an architect 4 6. Representing a body corporate to be an architect 5 7. When is a person or body represented as an architect? 5 8. Restriction on use of particular expressions 7 8A. Exceptions 7 8B. Offence to work as architect without required insurance 8 8C. Offence to represent to be insured when uninsured 8 8D. Restriction on provision of architectural services by companies and partnerships 9 7. Application for registration to include proof of insurance 10 8. New heading to Division 2 of Part 3 10 9. Application for approval 10 10. Approval of a partnership 11 11. Approval of a company 11 12. Annual fees 11 13. New section 15A inserted 12 15A. Proof of required insurance 12 14. The Register 12 -- 1 of 28 -- Victorian Legislation and Parliamentary Documents Section Page ii 15. New Division 5 inserted in Part 3 12 Division 5—Insurance 12 17A. Order requiring insurance 12 16. New Division 1 substituted and Division 1A inserted in Part 4 14 Division 1—Disciplinary Powers 14 18. Disciplinary powers of the Board 14 18A. Power to refer complaint to mediation 14 18B. Power to appoint person to assist Board 14 18C. Power to ask for more information 14 18D. Notice to complainant of Board's determination 15 Division 1A—Mediation 15 18E. Appointment of mediator 15 18F. Notice of mediation 15 18G. Procedure for mediation 15 18H. Report to Board 16 18I. Confidentiality 16 18J. Mediation does not prevent determination that inquiry should be held 16 17. Appointment of Tribunal 16 18. New section 21 substituted and 21A inserted 17 21. Membership of Tribunal 17 21A. Appointment of panel 17 19. Remuneration 18 20. Repeal of section 23 (Chairperson) 18 21. Interested members 18 22. New section 36A inserted 18 36A. Suspension of registration 18 23. Board's powers 18 24. Revocation of suspension 19 25. Review by VCAT 19 26. Powers and duties of Board 20 27. Members of the Board 20 28. Procedure of Board 20 29. Evidence of Register 21 30. Statement of Registrar 21 31. Regulations 21 32. New section 77 inserted 22 77. Transitional—Effect of change of membership 22 33. New section 78 inserted 22 78. Transitional—Existing approvals 22 -- 2 of 28 -- Victorian Legislation and Parliamentary Documents Section Page iii PART 3—AMENDMENTS TO OTHER ACTS 23 Division 1—Amendments to Building Act 1993 23 34. Definitions 23 35. Insured architect 23 36. Architect member of the Building Practitioners Board 23 37. New section 268 inserted 24 268. Transitional—Effect of change of membership 24 Division 2—Amendment to Domestic Building Contracts Act 1995 24 38. Definition of insurer 24 ═══════════════ ENDNOTES 25 -- 3 of 28 -- Victorian Legislation and Parliamentary Documents 1 Architects (Amendment) Act 2004† [Assented to 8 June 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Architects Act 1991— (i) in relation to prohibited conduct; (ii) to change the requirements for approval of partnerships and companies; (iii) to enable the resolution of complaints by mediation; Victoria No. 35 of 2004 -- 4 of 28 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Architects (Amendment) Act 2004 Act No. 35/2004 2 (iv) to modify the eligibility criteria for membership of a Tribunal; (v) to provide for two additional members of the Architects Registration Board of Victoria; (vi) to require architects to be covered by insurance; (b) to amend the Building Act 1993— (i) to provide for a member of the Architects Registration Board of Victoria to be a member of the Building Practitioners Board; (ii) to make amendments consequential to the amendments to the Architects Act 1991; (c) to make consequential amendments to the Domestic Building Contracts Act 1995. 2. Commencement (1) This Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day. __________________ s. 2 -- 5 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 3 PART 2—AMENDMENTS TO THE ARCHITECTS ACT 1991 3. Principal Act In this Part, the Architects Act 1991 is called the Principal Act. 4. Purposes (1) For section 1(b) of the Principal Act substitute— "(b) to provide for the approval of partnerships and companies providing architectural services;". (2) For section 1(e) of the Principal Act substitute— '(e) to regulate the use of the terms "architect", "architectural services", "architectural design services" and "architectural design";'. 5. Definitions (1) In section 3(1) of the Principal Act, for the definition of "approved architectural company" substitute— ' "approved company" means a company that is approved under section 14;'. (2) In section 3(1) of the Principal Act, for the definition of "approved architectural partnership" substitute— ' "approved partnership" means a partnership that is approved under section 13;'. (3) In section 3(1) of the Principal Act, for the definition of "architect" substitute— ' "architect", except in Part 2, means a natural person who is registered as an architect under section 11; '. (4) In section 3(1) of the Principal Act, the definitions of "domestic partner" and "spouse" are repealed. See: Act No. 13/1991. Reprint No. 2 as at 20 August 1998 and amending Act Nos 17/1999 and 72/2001. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 4 (5) In section 3(1) of the Principal Act insert the following definitions— ' "represent" in Part 2, includes claim and hold out; "required insurance" means the insurance required by order under section 17A;'. (6) Section 3(2) of the Principal Act is repealed. 6. New Part 2 substituted For Part 2 of the Principal Act substitute— 'PART 2—PROHIBITED CONDUCT 4. Representing a natural person to be an architect (1) A natural person must not represent himself or herself to be an architect and must not allow himself or herself to be represented to be an architect unless he or she is registered as an architect under this Act. Penalty: 60 penalty units. (2) A person must not represent a natural person to be an architect if the person knows or ought reasonably to know that the natural person is not registered as an architect under this Act. Penalty: 60 penalty units. 5. Representing an unincorporated body to be an architect (1) A body (other than a body corporate) must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved partnership. s. 6 -- 7 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 5 (2) If a body fails to comply with sub-section (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units. (3) A person must not represent a body (other than a body corporate) to be an architect if the person knows or ought reasonably to know that the body is not an approved partnership. Penalty: 60 penalty units. 6. Representing a body corporate to be an architect (1) A body corporate must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved company. Penalty: 60 penalty units. (2) A person must not represent a body corporate to be an architect if the person knows or ought reasonably to know that the body corporate is not an approved company. Penalty: 60 penalty units. 7. When is a person or body represented as an architect? (1) Without limiting the ways in which a person or body can be considered to be represented to be an architect, using any of the following titles, names or descriptions constitutes such a representation— (a) the title "architect"; (b) any other title, name or description that indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the person s. 6 -- 8 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 6 or body is an architect or is registered or approved under this Act. (2) Without limiting the ways in which a person can be considered to be represented to be an architect, a representation that the person provides the services of an architect constitutes a representation that the person is an architect. (3) Without limiting the ways in which a body can be considered to be represented to be an architect, a representation that the body— (a) consists of or comprises one or more architects; or (b) provides the services of an architect; or (c) is registered or approved under this Act— constitutes a representation that the body is an architect. (4) Without limiting the ways in which a person or body can be considered to be represented to be an architect, the making or publication of a statement or document that states or implies that the person or body— (a) is an architect; or (b) practises as an architect; or (c) undertakes or is willing to undertake work as an architect— constitutes a representation that the person or body is an architect. s. 6 -- 9 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 7 8. Restriction on use of particular expressions (1) A person or body (other than a person who is registered as an architect under this Act or an approved partnership or an approved company) must not use any of the terms "architectural services", "architectural design services" or "architectural design" in relation to— (a) the design of buildings or parts of buildings by that person or body; or (b) the preparation of plans, drawings or specifications for buildings or parts of buildings by that person or body. Penalty: 60 penalty units. (2) If a body (other than a body corporate) fails to comply with sub-section (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units. 8A. Exceptions (1) This Part does not prevent— (a) a person from using the title or description of "landscape architect", "naval architect" or "computer systems architect"; or (b) a person from using any name, title or description prescribed by the regulations in such circumstances and subject to such restrictions as are prescribed by the regulations. (2) Section 4 does not operate to prevent any person employed in providing architectural services as an officer or employee of the public service of Victoria or of the Commonwealth or as an officer or employee s. 6 -- 10 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 8 of any public statutory authority in respect of that person's employment as an officer or employee from representing himself or herself, or from being represented as, an architect. (3) Sections 5 and 6 do not operate to prevent a body approved by the Board under this sub- section from representing itself, or from being represented, as an architect. 8B. Offence to work as architect without required insurance (1) A person must not carry out work as an architect unless that person is covered by the required insurance. Penalty: 100 penalty units, in the case of a natural person; 500 penalty units, in the case of a body corporate. (2) Sub-section (1) does not apply to— (a) persons employed by or working under the supervision of a person who is registered as an architect under this Act and who is covered by the required insurance; or (b) an approved company. 8C. Offence to represent to be insured when uninsured A person who is not covered by the required insurance, must not— (a) represent himself or herself or itself as covered by the required insurance; or s. 6 -- 11 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 9 (b) allow himself or herself or itself to be represented as being covered by the required insurance. Penalty: 100 penalty units, in the case of a natural person; 500 penalty units, in the case of a body corporate. 8D. Restriction on provision of architectural services by companies and partnerships (1) An approved company must not provide architectural services unless— (a) a director of the company who is registered as an architect under this Act is responsible for the carrying out of the services; and (b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act. Penalty: 60 penalty units. (2) An approved partnership must not provide architectural services unless— (a) a member of the partnership who is registered as an architect under this Act is responsible for the carrying out of the services; and (b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act. (3) If an approved partnership fails to comply with sub-section (2), each member of the partnership is guilty of an offence and liable to a penalty not exceeding 60 penalty units.'. s. 6 -- 12 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 10 7. Application for registration to include proof of insurance For section 9(2) of the Principal Act substitute— "(2) An application must— (a) be in the prescribed form; and (b) state each prescribed class of registration sought; and (c) be in accordance with the regulations; and (d) be accompanied by the relevant prescribed fee; and (e) if the applicant is required by an order under section 17A to be covered by insurance, include proof that the applicant is covered by the required insurance.". 8. New heading to Division 2 of Part 3 For the heading to Division 2 of Part 3 of the Principal Act substitute— "Division 2—Approval of Partnerships and Companies". 9. Application for approval (1) For section 12(1) of the Principal Act substitute— "(1) An application for approval of a partnership or company under this Act may be made to the Board.". (2) In section 12(3) of the Principal Act, for "an architectural partnership" substitute "a partnership". s. 7 -- 13 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 11 10. Approval of a partnership (1) Insert the following heading to section 13 of the Principal Act— "Approval of a partnership". (2) For section 13(1) of the Principal Act substitute— "(1) The Board may approve a partnership for the purposes of this Act if at least one of the partners is an architect who is covered by the required insurance.". 11. Approval of a company (1) Insert the following heading to section 14 of the Principal Act— "Approval of a company". (2) For section 14(1) of the Principal Act substitute— "(1) The Board may approve a company for the purposes of this Act if satisfied that— (a) the constitution of the company provides that one of the purposes of the company is the practise of architecture; and (b) at least one director is an architect who is covered by the required insurance.". (3) Section 14(2) of the Principal Act is repealed. 12. Annual fees (1) In section 15(1) of the Principal Act, for "approved architectural partnership and approved architectural company" substitute "approved partnership and approved company". s. 10 -- 14 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 12 (2) In section 15(3) of the Principal Act, for "approved architectural partnership or approved architectural company" substitute "approved partnership or approved company". 13. New section 15A inserted After section 15 of the Principal Act insert— "15A. Proof of required insurance Every architect who is required under this Act to be covered by insurance must, by 1 July in each year, give written proof to the Board that he or she will be covered by the required insurance— (a) until 30 June of the following year; or (b) subject to such conditions as the Board may impose, any lesser period approved by the Board.". 14. The Register In section 16 of the Principal Act, for "approved architectural partnership, approved architectural company" substitute "approved partnership, approved company". 15. New Division 5 inserted in Part 3 After Division 4 of Part 3 of the Principal Act insert— 'Division 5—Insurance 17A. Order requiring insurance (1) The Minister may, by order published in the Government Gazette— (a) require architects or any specified class or classes of architects to be covered by insurance; and s. 13 -- 15 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 13 (b) specify the kind and amount of insurance by which architects or architects in a specified class of architect are required to be covered. (2) An order under sub-section (1) or sub- section (4) must state the date on which the order takes effect which must not be earlier than one month after the date of publication of the order in the Government Gazette. (3) The Minister may in a particular case vary any excess specified in an order under sub- section (1) if the Minister is satisfied that it is appropriate to do so. (4) The Minister may, by order published in the Government Gazette, amend or revoke an order made under sub-section (1). (5) The Minister must consult with the Board before making an order under this section. (6) For the purposes of this Act, a person is covered by the required insurance if— (a) the person holds the required insurance; or (b) the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or otherwise, as a person to whom the insurance cover extends. (7) In this section "insurance" includes— (a) professional indemnity insurance; (b) an indemnity; (c) public liability insurance; (d) insurance taken out by any body or person which covers the work of the architect; s. 15 -- 16 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 14 (e) an agreement or instrument in the nature of an item set out in paragraphs (a) to (d).'. 16. New Division 1 substituted and Division 1A inserted in Part 4 For Division 1 of Part 4 of the Principal Act substitute— "Division 1—Disciplinary Powers 18. Disciplinary powers of the Board The Board, on its own initiative or on the complaint of any person, may determine that an inquiry should or should not be held under this Part into an architect's fitness to practise or professional conduct. 18A. Power to refer complaint to mediation (1) The Board may refer a complaint to mediation under Division 1A if the Board considers it appropriate to do so. (2) A complaint may only be referred to mediation if the person making the complaint and the architect concerned consent to that referral. 18B. Power to appoint person to assist Board The Board may appoint a person to assist it in determining whether or not an inquiry should be held under this Part. 18C. Power to ask for more information Before a determination is made under section 18, the Board or a person appointed under section 18B may— (a) ask the complainant for further information; s. 16 -- 17 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 15 (b) provide the architect concerned with details of the matter and ask the architect to provide the Board with information in relation to the matter. 18D. Notice to complainant of Board's determination The Board must give written notice to any person who has made a complaint to the Board about an architect of its determination that an inquiry should or should not be held under this Part into that architect's fitness to practise or professional conduct. Division 1A—Mediation 18E. Appointment of mediator (1) The Board must appoint a person as mediator for each complaint referred under Division 1 for mediation. (2) A person appointed under sub-section (1) must hold qualifications in, or be experienced in the conduct of, mediations. 18F. Notice of mediation (1) The Board must give written notice in accordance with the regulations of a mediation to the complainant and the architect concerned setting out the time and place that the mediation will be held. (2) A mediation must be held in relation to a complaint before the end of 28 days after the referral of the complaint to mediation. 18G. Procedure for mediation Subject to the regulations, the procedure for mediation is at the discretion of the mediator. s. 16 -- 18 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 16 18H. Report to Board The mediator of a complaint must report in writing to the Board— (a) on whether or not the mediation has been successful; or (b) if the mediation does not take place within 28 days after the Board refers the complaint for mediation. 18I. Confidentiality (1) A mediator who mediates a complaint cannot be appointed as a member of the Tribunal to conduct any inquiry into a matter to which the complaint relates. (2) Anything said or done in the course of mediation must be kept confidential and cannot be used in any inquiry under this Part, unless all parties to the mediation agree in writing to the use of the information. 18J. Mediation does not prevent determination that inquiry should be held Nothing in this Division prevents the Board from determining under Division 1 that an inquiry should or should not be held under this Part into an architect's fitness to practise or professional conduct.". 17. Appointment of Tribunal In section 20 of the Principal Act omit "on its behalf". s. 17 -- 19 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 17 18. New section 21 substituted and 21A inserted For section 21 of the Principal Act substitute— "21. Membership of Tribunal (1) A Tribunal must consist of— (a) one person who is a practising architect; and (b) one person who is not an architect; and (c) one person who is a representative of consumer interests. (2) The members of a Tribunal must be chosen from a panel of persons appointed by the Minister under section 21A. (3) A member of the Board cannot be a member of a Tribunal. (4) At least one member of a Tribunal is to be a person with legal experience and knowledge. (5) A Tribunal must elect one of its members to be the Chairperson of the Tribunal. 21A. Appointment of panel (1) The Minister may appoint persons recommended under this section to a panel for the purposes of this Part. (2) The Director of Consumer Affairs Victoria may recommend to the Minister persons who are representative of consumer interests for appointment to the panel. (3) The Board may recommend to the Minister practising architects and other suitably qualified persons for appointment to the panel.". s. 18 -- 20 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 18 19. Remuneration (1) In section 22(1) of the Principal Act omit "(other than a member of the Board)". (2) Section 22(2) of the Principal Act is repealed. 20. Repeal of section 23 (Chairperson) Section 23 of the Principal Act is repealed. 21. Interested members (1) Section 29(1)(b) of the Principal Act is repealed. (2) In section 29(1)(c) of the Principal Act omit "the Tribunal or". (3) Section 29(2) of the Principal Act is repealed. 22. New section 36A inserted After section 36 of the Principal Act insert— "36A. Suspension of registration (1) Without holding an inquiry, if an architect is required under this Act to be covered by the required insurance, the Board may suspend the architect's registration if— (a) the architect has not provided the required proof of insurance under section 15A; or (b) the Board is satisfied that the person is not covered by the required insurance. (2) The Board must give written notice of the suspension to the person concerned.". 23. Board's powers (1) In section 37(2) of the Principal Act, for "an architectural partnership" substitute "a partnership". s. 19 -- 21 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 19 (2) In section 37(3) of the Principal Act, for "an architectural company" substitute "a company". (3) In section 38(2) of the Principal Act, for "an architectural partnership's or architectural company's" substitute "a partnership's or company's". (4) In section 39(2) of the Principal Act for "an approved architectural partnership or an approved architectural company" substitute "an approved partnership or an approved company". 24. Revocation of suspension After section 40(1) of the Principal Act insert— "(1A) The Board must revoke the suspension of a person's registration under section 36A if the person gives the Board written proof that he or she is covered by the required insurance.". 25. Review by VCAT (1) Insert the following heading to section 42 of the Principal Act— "Review by VCAT—architects". (2) In section 42(1)(d) of the Principal Act, for "section 36" substitute "section 36 or 36A". (3) In section 42(2) of the Principal Act for "not to institute an inquiry" substitute "that an inquiry should not be held". (4) Insert the following heading to section 43 of the Principal Act— "Review by VCAT—approved partnerships and approved companies". s. 24 -- 22 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 20 26. Powers and duties of Board (1) In section 46(g) of the Principal Act, for "architectural partnerships and architectural companies" substitute "partnerships and companies". (2) For section 46(i) of the Principal Act substitute— "(i) regulate the professional conduct of architects, approved partnerships and approved companies;". 27. Members of the Board (1) In section 47(1) of the Principal Act, for "8 members" substitute "10 members". (2) After section 47(2)(c) of the Principal Act insert— "(ca) two shall be appointed as representatives of the building industry and be nominated by the Minister from a panel or panels of names submitted by the organisation or organisations that the Minister considers to be the principal professional organisation or organisations for the building industry;". (3) After section 47(2) of the Principal Act insert— "(3) A member appointed under sub- section (2)(a) or (ca) must not be an architect.". (4) Section 50(2) of the Principal Act is repealed. 28. Procedure of Board In section 54(4) of the Principal Act for "5 members" substitute "6 members". s. 26 -- 23 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 21 29. Evidence of Register (1) In section 65(3) of the Principal Act, for "approved architectural company" substitute "approved company". (2) In section 65(4) of the Principal Act, for "approved architectural partnership" substitute "approved partnership". 30. Statement of Registrar In section 66 of the Principal Act— (a) in paragraph (b), for "approved architectural company" substitute "approved company"; (b) in paragraph (c), for "approved architectural partnership" substitute "approved partnership". 31. Regulations In section 69(1) of the Principal Act— (a) after paragraph (h), insert— "(ha) classes of registration;"; (b) in paragraph (n), for "approved architectural partnerships and approved architectural companies" substitute "approved partnerships and approved companies"; (c) in paragraph (o), for "approved architectural companies and approved architectural partnerships" substitute "approved partnerships and approved companies"; (d) in paragraph (u), for "approved architectural partnership or approved architectural company" substitute "approved partnership or approved company". s. 29 -- 24 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Architects Act 1991 Architects (Amendment) Act 2004 Act No. 35/2004 22 32. New section 77 inserted After section 76 of the Principal Act insert— "77. Transitional—Effect of change of membership The Board is deemed to be the same body despite the change to its membership made by section 27 of the Architects (Amendment) Act 2004.". 33. New section 78 inserted At the end of Part 10 of the Principal Act insert— "78. Transitional—Existing approvals (1) A body that immediately before the date of commencement of section 10 of the Architects (Amendment) Act 2004 was an approved architectural partnership under this Act must be taken to be an approved partnership under this Act. (2) A body corporate that immediately before the date of commencement of section 11 of the Architects (Amendment) Act 2004 was an approved architectural company under this Act must be taken to be an approved company under this Act.". __________________ s. 32 -- 25 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Other Acts Architects (Amendment) Act 2004 Act No. 35/2004 23 PART 3—AMENDMENTS TO OTHER ACTS Division 1—Amendments to Building Act 1993 34. Definitions (1) In section 3(1) of the Building Act 1993, in the definition of "building practitioner", paragraph (i) is repealed. (2) In section 3(1) of the Building Act 1993 insert the following definition— ' "insured architect" means an architect who is registered under the Architects Act 1991 and who is covered by the required insurance under that Act;'. 35. Insured architect (1) In section 24(3)(a) of the Building Act 1993, for "an architect" substitute "an insured architect". (2) In section 176(6) of the Building Act 1993, for "an architect registered under the Architects Act 1991" substitute "an insured architect". 36. Architect member of the Building Practitioners Board After section 184(2)(ac) of the Building Act 1993 insert— "(ad) one is to be a person who is a member of the Architects Registration Board of Victoria established under the Architects Act 1991; and". See: Act No. 126/1993. Reprint No. 5 as at 31 May 2003 and amending Act Nos 26/2001, 60/2003 and 102/2003. LawToday: www.dms. dpc.vic. gov.au s. 34 -- 26 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to Other Acts Architects (Amendment) Act 2004 Act No. 35/2004 24 37. New section 268 inserted After section 267 of the Building Act 1993 insert— "268. Transitional—Effect of change of membership The Building Practitioners Board is deemed to be the same body despite the change to its membership made by section 36 of the Architects (Amendment) Act 2004.". Division 2—Amendment to Domestic Building Contracts Act 1995 38. Definition of insurer In section 3(1) of the Domestic Building Contracts Act 1995, in the definition of "insurer", after paragraph (a), insert— "(aa) any person providing any required insurance under the Architects Act 1991 (whether or not that person has a direct contractual relationship with an architect); and". ═══════════════ s. 37 See: Act No. 91/1995. Reprint No. 5 as at 1 July 2002 and amending Act No. 30/2003. LawToday: www.dms. dpc.vic. gov.au -- 27 of 28 -- Victorian Legislation and Parliamentary Documents Architects (Amendment) Act 2004 Act No. 35/2004 25 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 May 2004 Legislative Council: 1 June 2004 The long title for the Bill for this Act was "to amend the Architects Act 1991, the Building Act 1993 and the Domestic Building Contracts Act 1995 and for other purposes." Endnotes -- 28 of 28 --