Valuers Registration Act 1992

Queensland Valuers Registration Act 1992 Reprinted as in force on 6 February 2006 Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy Information about this reprint This Act is reprinted as at 6 February 2006. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Queensland Valuers Registration Act 1992 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 The board 5 Board continued in existence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Assistant members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Panel of nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Tenure of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10A Investigations about eligibility for appointment . . . . . . . . . . . . . . . 8 10B Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 8 11 Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Casual appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Assistant member may act as board member . . . . . . . . . . . . . . . 10 15 Who may act as member in absence of chief executive’s nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Officers of the board employed under this Act . . . . . . . . . . . . . . . 11 18 Meetings of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Special meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Protection of members etc. from liability . . . . . . . . . . . . . . . . . . . 13 2 Valuers Registration Act 1992 23 Validity of acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 24 Remuneration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25A Board is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 3 Registration Division 1 Registered valuers 26 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 27 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 Publication of names of registered valuers. . . . . . . . . . . . . . . . . . 14 29 Applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 Qualifications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 31 Investigations about suitability of applicants. . . . . . . . . . . . . . . . . 16 31A Consideration of suitability of applicants . . . . . . . . . . . . . . . . . . . 17 31B Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 17 32 Entries in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Notice of board’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 Certificate to be issued on registration . . . . . . . . . . . . . . . . . . . . . 18 35 Replacement and return of certificate . . . . . . . . . . . . . . . . . . . . . 18 36 Roll fee, late fee and restoration fee. . . . . . . . . . . . . . . . . . . . . . . 19 36A Payment of roll fee for up to 5 years . . . . . . . . . . . . . . . . . . . . . . . 19 36B Renewal of registration—statement or certificate about CPD . . . 20 36C Exemption from providing statement or certificate about CPD. . . 20 36D Entries in register about renewal of registration . . . . . . . . . . . . . . 21 37 Removal from and alteration of register . . . . . . . . . . . . . . . . . . . . 21 38 Effect of removal from register . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Cancellation of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 40 Restoration of registration after removal under s 37 . . . . . . . . . . 22 41 Unauthorised dealing with register . . . . . . . . . . . . . . . . . . . . . . . . 23 42 Waiver of fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 2 Specialist retail valuers 42A List of specialist retail valuers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 42B Valuers may apply to be recorded as specialist retail valuers . . . 24 42C Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 42D Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 42F Inspection of list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 42FA Renewal of recording of registered valuer on list of specialist retail valuers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 3 Valuers Registration Act 1992 42FB Payment of fee for recording on list for up to 5 years . . . . . . . . . . 25 42FC Exemption from providing statement about CPD relating to retail rental valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42FD Entries on list of specialist retail valuers about renewal . . . . . . . . 26 42G Effect of loss of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 42GA Removal from list of specialist retail valuers. . . . . . . . . . . . . . . . . 27 42GB Restoration of name on list. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 42GC Unauthorised dealing with list of specialist retail valuers . . . . . . . 28 42GD Waiver of fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 42H Disciplinary charges against specialist retail valuers . . . . . . . . . . 28 Part 4 Complaints and discipline 43 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 44 Board may authorise investigation . . . . . . . . . . . . . . . . . . . . . . . . 29 45 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 46 Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . 31 47 General powers of investigator in relation to places . . . . . . . . . . . 32 48 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 49 Charge of offence may be laid . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 50 Disciplinary charge may be laid . . . . . . . . . . . . . . . . . . . . . . . . . . 34 50A Conflict of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 51 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 52 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 53 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 54 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 55 Powers of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 56 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 57 Offences—proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 58 Self incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 59 Committee may order cancellation of registration, etc. . . . . . . . . 38 60 Effect of removal and suspension . . . . . . . . . . . . . . . . . . . . . . . . 39 61 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 5 Miscellaneous 62 False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 63 Practice of unregistered valuer prohibited . . . . . . . . . . . . . . . . . . 41 64 Proceedings on behalf of board . . . . . . . . . . . . . . . . . . . . . . . . . . 42 65 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 66 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4 Valuers Registration Act 1992 Part 6 Transitional provisions Division 1 Transitional provisions for Valuers Registration Act 1992 70 Savings and transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 71 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2 Transitional provisions for Valuers Registration Amendment Act 2001 72 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 73 Publication of names of registered valuers—s 28 . . . . . . . . . . . . 45 74 Roll fee—s 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 3 Transitional provisions for Natural Resources and Other Legislation Amendment Act 2005 75 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 76 Renewal of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 77 Renewal of recording on list of specialist retail valuers . . . . . . . . 46 Endnotes 1 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 47 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 s 1 5 s 3 Valuers Registration Act 1992 Valuers Registration Act 1992 [as amended by all amendments that commenced on or before 6 February 2006] An Act relating to the registration of valuers, and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Valuers Registration Act 1992. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions In this Act— annual renewal day means 1 May. appointed member means a member appointed under section 6(1)(b) or (c). assistant member means a person appointed under section 7 as an assistant member of the board. board means the Valuers Registration Board of Queensland. chairperson means the chairperson of the board. commencing day means the day fixed under section 2. committee means a committee appointed under section 50. CPD, for a registered valuer, means continuing professional development. s 4 6 s 6 Valuers Registration Act 1992 criminal history, of a person, has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3, but does not include convictions for which the rehabilitation period has expired, and has not been revived, under that Act. investigator means a person authorised under section 44 to conduct an investigation on behalf of the board. member means a member of the board. officer, of the board, includes a person authorised under section 44 to carry out an investigation. register means the Register of Valuers of Queensland kept under this Act. registered valuer means a valuer registered under this Act. specialist retail valuer means a person whose name is recorded on the list of specialist retail valuers kept under section 42A. valuer means a person who, in any capacity, holds himself or herself out as ready to make a valuation of land. 4 Administration of Act Subject to the Minister, the board administers this Act. Part 2 The board 5 Board continued in existence The Valuers Registration Board of Queensland established under the Valuers Registration Act 1965 is, by this section, continued in existence under the name Valuers Registration Board of Queensland. 6 Membership (1) The board consists of the following members— s 7 7 s 8 Valuers Registration Act 1992 (a) a nominee, who is a valuer, of the chief executive; (b) 2 registered valuers, 1 of whom is to be appointed from names submitted by the Australian Property Institute under section 8; (c) 2 persons appointed from names submitted by business, community or professional organisations. (2) The members mentioned in subsection (1)(b) and (c) are to be appointed by the Governor in Council, by gazette notice. 7 Assistant members (1) The Governor in Council may, by gazette notice, appoint assistant members. (2) A person is qualified for appointment if the person is— (a) a registered valuer whose name has been submitted by the Australian Property Institute under section 8; or (b) a registered valuer whose name has been submitted by the Real Estate Institute of Queensland under section 8; or (c) another person who is otherwise qualified for appointment under section 6 or paragraph (a) or (b). 8 Panel of nominees (1) The submission of names of persons under section 6 and 7 is to be made within the time and in the way determined by the Minister. (2) The persons named must live in Queensland. (3) If an Institute fails to make a submission within the time and in the way determined by the Minister, the Governor in Council may appoint as a member or an assistant member any person who is otherwise qualified to be appointed under section 6 or 7. s 9 8 s 10B Valuers Registration Act 1992 9 Tenure of office An appointment as an appointed member or assistant member— (a) begins on the day specified in the gazette notice or, if no day is specified, on the day of publication of the notice; and (b) is for a term of 3 years or such shorter period as is specified in the notice. 10 Eligibility for appointment A person is not eligible to become an appointed member or assistant member if— (a) the person is bankrupt or is otherwise taking advantage of the laws in force relating to bankruptcy; or (b) the person has been convicted of an indictable offence (whether in Queensland or elsewhere). 10A Investigations about eligibility for appointment (1) The chief executive may make investigations about a person, whose name has been submitted for appointment as a member or assistant member, to decide whether the person is eligible for appointment. (2) Without limiting subsection (1), the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person. (3) The commissioner must give the report to the chief executive. (4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access. 10B Criminal history is confidential document (1) An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 10A. Maximum penalty for subsection (1)—100 penalty units. s 11 9 s 12 Valuers Registration Act 1992 (2) However, the officer, employee or agent does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. (3) The chief executive must destroy the report as soon as practicable after considering the person’s eligibility for appointment. 11 Casual vacancy (1) The office of an appointed member or assistant member becomes vacant if the member or assistant member— (a) dies; or (b) ceases to be eligible to become a member or assistant member; or (c) resigns from office by signed notice given to the Minister; or (d) is removed from office by the Governor in Council under section 12. (2) A resignation takes effect on the day on which the notice of resignation is given to the Minister or, if a later day is specified in the notice for its operation, that day. 12 Removal from office (1) The Governor in Council may, by gazette notice, remove an appointed member or assistant member if— (a) the member or assistant member is unable to perform the duties of office because of mental or physical incapacity; or (b) the member or assistant member is guilty of misconduct; or (c) the member or assistant member is absent, without prior leave granted by the board and without reasonable s 13 10 s 15 Valuers Registration Act 1992 excuse, from 3 consecutive meetings of the board or a committee of which due notice has been given to the member or assistant member; or (d) the member or assistant member, other than a member appointed under section 6(1)(c), ceases to be a registered valuer. (2) For the purposes of subsection (1)(c), attendance of an appointed member or an assistant member at the time and place appointed for a meeting of the board or a committee is taken to constitute presence at a meeting even though, because of the lack of a quorum, the meeting does not take place. 13 Casual appointment (1) If a vacancy happens in the office of an appointed member or assistant member, the Governor in Council may, under section 6 or 7, appoint a qualified person to the office for the balance of the predecessor’s term of appointment. (2) If otherwise qualified, a person appointed under subsection (1) is eligible for reappointment. 14 Assistant member may act as board member The chairperson may authorise an assistant member to act as a member— (a) during any period, or all periods, when an appointed member is unable, for any reason, to perform the duties of office; or (b) during a vacancy in the office. 15 Who may act as member in absence of chief executive’s nominee (1) The chief executive may authorise a valuer who is an officer of the department to act as a member— (a) during any period, or all periods, when the chief executive’s nominee is unable, for any reason, to perform the duties of office; or s 16 11 s 18 Valuers Registration Act 1992 (b) during a vacancy in the office. (2) If the nominee is chairperson, the officer is not to act as chairperson unless authorised to act under section 16(3). 16 Chairperson (1) In every appointment of the whole number of appointed members, the Governor in Council is to appoint a member to be chairperson. (2) If a vacancy happens in the office of chairperson, the Governor in Council may, by gazette notice, appoint another member to the vacant office. (3) If the chairperson is not present at a meeting of the board, the member appointed by the members present at the meeting may act as chairperson. (4) A member acting as chairperson may perform the functions and exercise the powers of the chairperson. 17 Officers of the board employed under this Act (1) The board may employ a secretary and other officers necessary for this Act. (2) The secretary and other officers are to be employed under this Act, and not under the Public Service Act 1996. 18 Meetings of board (1) The board is to meet as often as is necessary for the efficient conduct of its business. (2) The secretary must give at least 7 days notice of the day and time of a meeting to members. (3) The board is to exercise its powers and perform its functions by majority vote. (4) A member who abstains from voting is taken to have voted in the negative. s 19 12 s 20 Valuers Registration Act 1992 (5) If the vote on a question is equal, the chairperson has a casting vote. (6) The chairperson may adjourn a meeting from time to time. 19 Disclosure of interest (1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board must, as soon as possible after the relevant facts come to the member’s knowledge, disclose the interest to a meeting of the board. (2) The disclosure is to be recorded in the minutes of the meeting, and, unless the board otherwise determines, the member concerned must not— (a) be present during the consideration by the board of the matter in question; and (b) take part in any decision of the board in respect of the matter. (3) A member who makes a disclosure must not— (a) be present during any deliberation by the board as to whether to make a determination under subsection (2) in respect of the member; and (b) take part in the making by the board of such a determination. 20 Special meetings (1) The chairperson may, and on the request of a member must, convene a special meeting. (2) If the chairperson does not convene a special meeting that has been requested within 10 days of the request, the member who requested the meeting may convene the meeting. (3) The secretary is to give notice of the time and place of a special meeting and the business to be transacted at the meeting to members. (4) Business other than that stated in the notice is not to be transacted at the meeting. s 21 13 s 25 Valuers Registration Act 1992 21 Quorum (1) A quorum at a meeting or special meeting of the board is 3 members. (2) If a quorum is not present within 15 minutes after the time when the meeting is to be held, the meeting is taken to be adjourned to a time and day, not later than 7 days after the adjournment, determined by the secretary. (3) If a meeting is adjourned because a quorum is not present, the secretary is to enter in the minute book the names of the members present. 22 Protection of members etc. from liability (1) A member, assistant member or an officer of the board incurs no civil liability for an act or omission done or omitted to be done honestly and without negligence under, or for the purposes of, this Act. (2) A liability that would, but for this section, attach to a person attaches to the State. 23 Validity of acts A proceeding of the board is not invalidated merely because of a defect in the qualification, appointment or membership of any member. 24 Remuneration Members and assistant members are to be paid such fees and allowances as are approved by the Governor in Council. 25 Funds (1) All amounts received by or on behalf of the board must be paid into and form part of the funds of the board. (2) Expenses of and incidental to the administration of this Act must be paid from the funds of the board. (3) Funds that are not immediately required for the administration of this Act may be applied to such objects and purposes as s 25A 14 s 29 Valuers Registration Act 1992 appear to the board calculated to advance the principles, standards or practice of land valuation. 25A Board is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982, the board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Part 3 Registration Division 1 Registered valuers 26 Register (1) The board is to keep a register to be called the Register of Valuers of Queensland in such form as it thinks fit. (2) The register is to be in the custody of the secretary. (3) The secretary is to record in the register the name and other particulars of registered valuers. 27 Inspection of register A person may inspect the register at the office of the board. 28 Publication of names of registered valuers The board must publish in the gazette and on the board’s website a copy of the register as at 1 July in each year. 29 Applications for registration (1) An application to be registered as a valuer is to be— s 29 15 s 29 Valuers Registration Act 1992 (a) made to the board in a form approved by the board; and (b) supported by such evidence as the board may require; and (c) accompanied by the prescribed fee. (2) The board may, by written notice given to the applicant, require the applicant to do either or both of the following— (a) give further information or a document the board reasonably requires to decide the application; (b) attend before the board, on the date stated in the notice, to give any further information the board reasonably requires to decide the application. (3) A notice under subsection (2)(a) must state a reasonable period of at least 14 days after it is given within which the information or document must be given. (4) The board may require the information or document to be verified by statutory declaration. (5) The applicant is taken to have withdrawn the application if the applicant— (a) does not comply with a requirement under subsection (2)(a) within the period stated in the notice; or (b) does not attend before the board on the date stated in the notice. (6) However, if the board is satisfied with the applicant’s reasons for not complying with a notice under subsection (2), the board may— (a) extend the time for complying with subsection (2)(a); or (b) require the applicant to attend before the board on a later date. (7) The board must consider the application and decide to grant, or refuse to grant, the application. (8) The board must not refuse to grant the application until the board has— (a) given the applicant a written notice that— (i) sets out the reasons for the proposed refusal; and s 30 16 s 31 Valuers Registration Act 1992 (ii) gives the applicant 30 days in which to make oral or written submissions to the board about the reasons; and (b) considered any submissions made. 30 Qualifications for registration The board is to register a person as a valuer if the person makes application under section 29 and satisfies the board that the person— (a) is of good fame and character and is a fit and proper person to be registered as a valuer; and (b) either— (i) holds a certificate of competence recognised by the board and issued by a prescribed institute; or (ii) has passed an examination approved by the board; and (c) has had sufficient practical experience over a period of at least 3 years since starting an approved course of study to enable the person to competently value land in Queensland. 31 Investigations about suitability of applicants (1) The board may make investigations about an applicant for registration or renewal of registration as a valuer to help the board decide whether the applicant is a suitable person to be registered as a valuer. (2) Without limiting subsection (1), the board may ask the commissioner of the police service for a written report about the applicant’s criminal history. (3) The commissioner must give the report to the board. (4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access. s 31A 17 s 32 Valuers Registration Act 1992 31A Consideration of suitability of applicants (1) The board may have regard to the commissioner’s report about an applicant’s criminal history in deciding whether the applicant is a suitable person to be registered as a valuer. (2) In having regard to the report, the board must consider the nature of any offence mentioned in the report and the relevance of the offence to the applicant’s suitability to be registered as a valuer. 31B Criminal history is confidential document (1) An officer, employee or agent of the board must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 31. Maximum penalty—100 penalty units. (2) However, the officer, employee or agent does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the board to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. (3) The board must destroy the report as soon as practicable after considering the applicant’s suitability for registration as a valuer. 32 Entries in register Registration is effected by entering in the register— (a) the name of the person; and (b) the person’s place of business or, if there is no such place, the person’s place of residence; and (c) the person’s qualifications; and (d) any other particulars that are prescribed or that the board considers necessary. s 33 18 s 35 Valuers Registration Act 1992 33 Notice of board’s decision (1) The secretary must give written notice to the applicant of the board’s decision on an application for registration. (2) If the application is refused, the notice must state the reasons for refusal and inform the applicant that the applicant may appeal against the refusal under section 61. 34 Certificate to be issued on registration (1) When the board first registers a person as a valuer, the secretary must issue a certificate of registration to the person on payment of the annual roll fee determined under subsection (2) and any other prescribed fee. (2) The amount of the annual roll fee that is to be paid when the board first registers a person as a valuer is the prescribed roll fee payable to the board for the financial year of registration, reduced by an amount equal to one-twelfth of the fee for each whole month of the financial year that has expired on the day of registration. (3) For the purposes of subsection (2), a whole month is taken to have expired if registration is effected after the 15th day of the month. (4) A certificate is evidence that the person named in the certificate was registered as a valuer on the day specified in the certificate. 35 Replacement and return of certificate (1) If the secretary is satisfied that a certificate issued to a registered valuer has been lost, stolen or destroyed, the secretary may issue to the person a duplicate certificate on payment of the prescribed fee. (2) If a person ceases to be a registered valuer, the board may by written notice require the person to deliver the person’s certificate of registration to the secretary within 14 days of service of the notice on the person. s 36 19 s 36A Valuers Registration Act 1992 (3) The person must comply with the notice unless the person has reasonable excuse for failing to do so. Maximum penalty—20 penalty units. 36 Roll fee, late fee and restoration fee (1) Before 1 May in each year, a registered valuer must pay to the board the prescribed roll fee for the following financial year. (2) A registered valuer who pays the roll fee after 30 April must pay the prescribed late fee. (3) If a registered valuer does not pay the roll fee and the late fee before 30 June, the valuer’s registration is cancelled and the secretary must remove the person’s name and other particulars from the register. (4) If a person’s registration is cancelled under subsection (3), the board must restore the registration if the person makes written application to the board before the end of the financial year for which the roll fee was payable and pays the roll fee, the late fee and the prescribed restoration fee. 36A Payment of roll fee for up to 5 years (1) Despite section 36(1), a registered valuer may pay the roll fee for up to 5 years in advance. (2) If particulars of a valuer are removed from the register under section 37(2), the board may refund any roll fee paid for a period after the next annual renewal day after the removal. (3) If a roll fee has been paid for a period after the next annual renewal day and the prescribed roll fee for the period is a different amount to the amount paid, the board may— (a) if the prescribed roll fee is less than the amount already paid—refund the difference between the roll fee already paid and the prescribed roll fee; or (b) if the prescribed roll fee is more than the amount already paid—require payment of the difference between the roll fee already paid and the prescribed roll fee. s 36B 20 s 36C Valuers Registration Act 1992 36B Renewal of registration—statement or certificate about CPD (1) In addition to the prescribed roll fee, a registered valuer must, before 1 May in each year, give the board— (a) a statement about, including details of and documents to support, the CPD prescribed under a regulation that the valuer has undertaken during the previous 12 months; or (b) a CPD compliance certificate from a prescribed institute; or (c) a statement about, including details of, and documents to support, the activities the valuer has undertaken that meet a prescribed institute’s requirements for a CPD compliance certificate. (2) A registered valuer who gives the board a statement or certificate mentioned in subsection (1) after 30 April must pay the late fee prescribed under a regulation. (3) If the valuer does not give the board the statement or certificate and pay the late fee before 30 June, the board must cancel the valuer’s registration and remove the valuer’s name and other particulars from the register. (4) However, if the valuer gives the board the statement or certificate and pays the late fee before the end of the financial year to which the renewal of registration relates, the board must restore the valuer’s registration. 36C Exemption from providing statement or certificate about CPD (1) The board may exempt a registered valuer from the requirement under section 36B(1) to give the board a statement or certificate about the valuer’s CPD— (a) in special circumstances; and (b) for no longer than 2 years; and (c) if the valuer gives the board an undertaking not to practise as a valuer during the time to which the exemption relates. s 36D 21 s 38 Valuers Registration Act 1992 Examples for paragraph (a)— • the valuer’s family responsibilities • the valuer’s absence interstate or overseas (2) The valuer must give the board the statement or certificate before the valuer recommences practice as a valuer. 36D Entries in register about renewal of registration On payment by a registered valuer of the prescribed roll fee for the next financial year, the board must enter in the register— (a) renewal of the valuer’s registration; and (b) in relation to the statement or certificate required under section 36B(1) that— (i) the valuer has given the statement or certificate; or (ii) the valuer has been exempted under section 36C(1) from giving the statement or certificate and the period of the exemption. 37 Removal from and alteration of register (1) A registered valuer must give written notice to the board of any change in the particulars entered in the register within 30 days after the change happens. (2) The board is to remove from the register particulars of a valuer who has died or has, in writing, requested the removal. (3) The board may make such other alterations to particulars in the register as are necessary for the register to be an accurate record of the prescribed particulars of valuers. 38 Effect of removal from register A person whose name and other particulars are removed from the register ceases to be a registered valuer. s 39 22 s 40 Valuers Registration Act 1992 39 Cancellation of registration (1) The board may order that a valuer’s registration be cancelled if— (a) in the board’s opinion, the valuer does not possess the qualifications entitling the valuer to registration; or (b) the valuer is mentally or physically incapable of managing the valuer’s own affairs; or (c) the valuer has been convicted of an indictable offence (whether in Queensland or elsewhere); or (d) the valuer is guilty of misconduct in a professional respect. (2) The board must not act under subsection (1) unless the board has given the valuer a written notice that— (a) sets out the reasons for the proposed cancellation; and (b) gives the valuer 30 days in which to make oral or written submissions to the board in relation to the reasons. (3) If the board cancels a valuer’s registration under this section, the board must give the valuer a written notice that sets out the board’s decision and inform the valuer that the person may appeal against the order under section 61. (4) If the board cancels a valuer’s registration under this section, the board must— (a) remove the name and other particulars of the valuer from the register; and (b) publish notice of the removal in a newspaper circulating throughout the State and on the board’s website. 40 Restoration of registration after removal under s 37 (1) A person whose particulars are removed from the register under section 37 may make written application to the board for restoration of the registration. (2) An application under subsection (1) is to be accompanied by the fee prescribed under a regulation and the statement or certificate mentioned in section 36B(1). s 41 23 s 42A Valuers Registration Act 1992 (3) If the board is satisfied that the person is qualified to be registered the board is to give effect to the application. (4) When the board restores a person’s registration as a valuer and the roll fee for the financial year has not been paid, the roll fee that is to be paid to the board is to be reduced by an amount equal to one-twelfth of the fee for each whole month of the financial year that has expired on the day of restoration. (5) For the purposes of subsection (4), a whole month is taken to have expired if registration is effected after the 15th day of the month. 41 Unauthorised dealing with register Unless otherwise authorised by this Act, a person must not— (a) make an entry in the register; or (b) alter an entry in the register; or (c) remove a name or other particulars from the register; or (d) restore a name or other particulars to the register. Maximum penalty—50 penalty units. 42 Waiver of fee Despite any other provision of this Act, the board may waive the whole or part of a fee payable on an application for registration or restoration of a name to the register, or the issue of a certificate, if it appears to the board just to do so. Division 2 Specialist retail valuers 42A List of specialist retail valuers (1) The board must keep a list of specialist retail valuers. (2) The list must be kept separate from the register. s 42B 24 s 42F Valuers Registration Act 1992 42B Valuers may apply to be recorded as specialist retail valuers (1) An individual who is a registered valuer may apply to the board to be recorded as a specialist retail valuer. (2) The application must be in the form approved by the board and accompanied by the fee prescribed by regulation. 42C Grant of application If the board is satisfied the applicant has enough experience in retail rental valuation, it must— (a) approve the application and record the applicant’s name on the list of specialist retail valuers; and (b) give written notice to the applicant of the recording of the applicant’s name on the list. 42D Refusal of application (1) If the board is not satisfied the applicant has enough experience in retail rental valuation it must— (a) refuse the application; and (b) give written notice to the applicant of the refusal and the grounds on which the board decided the applicant does not have the experience. (2) The notice must tell the applicant that the applicant may appeal against the decision under section 61. 42F Inspection of list (1) The board must— (a) keep the list of specialist retail valuers open for inspection by members of the public during office hours on business days at the board’s office; and (b) permit a person to take extracts from the list or, on payment of the appropriate fee by a person, give the person a copy of the list or part of it. (2) The fee for a copy of the list or part of it is the amount that— s 42FA 25 s 42FC Valuers Registration Act 1992 (a) the board considers to be reasonable; and (b) is not more than the reasonable cost of making the copy. 42FA Renewal of recording of registered valuer on list of specialist retail valuers A registered valuer who is recorded as a specialist retail valuer on the list kept by the board must, to remain on the list, before 1 May in each year— (a) pay the board the fee prescribed under a regulation; and (b) give the board a statement about, including details of and documents to support, the CPD relating to retail rental valuation prescribed under a regulation that the valuer has undertaken during the previous 12 months. 42FB Payment of fee for recording on list for up to 5 years (1) Despite section 42FA, a specialist retail valuer may pay the fee mentioned in section 42FA(a) for up to 5 years in advance. (2) If particulars of a specialist retail valuer are removed from the list of specialist retail valuers under section 42G(1), the board may refund any fee paid for a period after the next annual renewal day after the removal. (3) If a fee has been paid for a period after the next annual renewal day and the prescribed fee for the period is a different amount to the amount paid, the board may— (a) if the prescribed fee is less than the amount already paid—refund the difference between the fee already paid and the prescribed fee; or (b) if the prescribed fee is more than the amount already paid—require payment of the difference between the fee already paid and the prescribed fee. 42FC Exemption from providing statement about CPD relating to retail rental valuation (1) The board may exempt a specialist retail valuer from the requirement under section 42FA(b) to give the board a s 42FD 26 s 42G Valuers Registration Act 1992 statement about the specialist retail valuer’s CPD relating to retail rental valuation— (a) in special circumstances; and (b) for no longer than 2 years; and (c) if the specialist retail valuer gives the board an undertaking not to practise as a specialist retail valuer during the time to which the exemption relates. Examples for paragraph (a)— • the specialist retail valuer’s family responsibilities • the specialist retail valuer’s absence interstate or overseas (2) The specialist retail valuer must give the board the statement before the valuer recommences practice as a specialist retail valuer. 42FD Entries on list of specialist retail valuers about renewal On payment by a specialist retail valuer of the fee mentioned in section 42FA(a), the board must record on the list— (a) renewal of the recording of the valuer as a specialist retail valuer; and (b) in relation to the statement required under section 42FA(b) that— (i) the valuer has given the statement; or (ii) the valuer has been exempted under section 42FC(1) from giving the statement and the period of the exemption. 42G Effect of loss of registration (1) If the board removes a specialist retail valuer’s name from the register, the board must also remove the person’s name from the list of specialist retail valuers. (2) The person ceases to be a specialist retail valuer on removal of the person’s name from the list. s 42GA 27 s 42GB Valuers Registration Act 1992 42GA Removal from list of specialist retail valuers (1) The board may remove a valuer’s particulars from the list of specialist retail valuers kept by the board if the board considers the valuer does not have the qualifications to remain on the list. (2) The board must not remove the particulars unless the board gives the valuer written notice— (a) stating the reasons for the proposed removal; and (b) giving the valuer 30 days to make oral or written submissions to the board about the reasons. (3) If the board removes a valuer’s particulars under subsection (1)— (a) the board must give the valuer written notice of the removal; and (b) the notice must tell the valuer that the valuer may appeal against the removal under section 61. 42GB Restoration of name on list (1) A valuer whose particulars are removed from the list of specialist retail valuers under section 42GA(1) may apply to the board for restoration of the valuer’s particulars on the list. (2) The application must be— (a) in writing; and (b) accompanied by the fee prescribed under a regulation and the statement mentioned in section 42FA(b). (3) If the board is satisfied the valuer has the qualifications to be recorded on the list, the board must grant the application. (4) If the board restores a valuer’s particulars to the list and the fee mentioned in section 42FA has not been paid, the fee payable is calculated by reducing the prescribed fee by one twelfth for each whole month of the financial year that has passed at the time the particulars are restored. (5) For subsection (4), a whole month is taken to have passed if the particulars are restored after the 15th day of the month. s 42GC 28 s 42H Valuers Registration Act 1992 42GC Unauthorised dealing with list of specialist retail valuers A person must not, other than under this Act— (a) record particulars on the list of specialist retail valuers; or (b) alter particulars on the list; or (c) remove particulars from the list; or (d) restore particulars to the list. Maximum penalty—50 penalty units. 42GD Waiver of fee The board may waive payment of the whole or part of a fee payable under section 42B(2), 42FA(a) or 42GB(4)1 if the board considers it reasonable in the circumstances to do so. 42H Disciplinary charges against specialist retail valuers (1) This section applies if the board suspects on reasonable grounds that a specialist retail valuer has— (a) knowingly contravened section 28(3) of the Retail Shop Leases Act 1994; or (b) contravened section 29 or 32 of the Retail Shop Leases Act 1994. (2) Part 4 applies to the contravention as if the valuer had contravened a prescribed code of professional conduct. 1 Section 42B (Valuers may apply to be recorded as specialist retail valuers), 42FA (Renewal of recording of registered valuer on list of specialist retail valuers) or 42GB (Restoration of name on list) s 43 29 s 44 Valuers Registration Act 1992 Part 4 Complaints and discipline 43 Complaints (1) A person who is aggrieved by the conduct of a registered valuer may complain to the board. (2) A complaint must be in writing. 44 Board may authorise investigation (1) The board may— (a) on a complaint made under section 43 or of its own initiative, authorise a person who is not a member or an assistant member to carry out an investigation of conduct of a registered valuer on behalf of the board; or (b) if it suspects on reasonable grounds that a registered valuer has contravened a prescribed code of professional conduct—authorise a person who is not a member or an assistant member to carry out an investigation in relation to the suspected contravention on behalf of the board; or (c) if it suspects on reasonable grounds that a person who is not a registered valuer has contravened section 63—authorise a person who is not a member or an assistant member to carry out an investigation in relation to the suspected contravention on behalf of the board. (2) The investigator must give the board a written report on the investigation. (3) The board must not authorise the investigation of a complaint that in its opinion is frivolous or vexatious. (4) The board may authorise an investigator to continue to carry out an investigation of the conduct of a registered valuer even if the complaint, on which the investigation was authorised, is withdrawn. s 45 30 s 45 Valuers Registration Act 1992 45 Powers of investigator (1) An investigator may, if it is reasonably necessary for the purposes of the investigation concerned, by written notice given to a person, require the person— (a) to attend before the investigator, at a reasonable time and place specified in the notice, and there and then answer any questions; and (b) to produce to the investigator, at a reasonable time and place specified in the notice, a document or thing in the person’s custody or under the person’s control. (2) If the document or thing is produced to the investigator, the investigator may— (a) examine the document or thing; and (b) make copies of, or take extracts from the document or photograph the thing; and (c) if the investigator reasonably considers it necessary to do so—keep the document or thing for 60 days or, if a prosecution for an offence against this Act of which the document or thing may afford evidence is instituted within that period, until the completion of the proceeding for the offence and of any appeal from the decision in relation to the proceeding. (3) While the investigator has possession of the document the investigator must allow it to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. (4) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1) to the extent that the person is capable of doing so commits an offence. Maximum penalty—20 penalty units. (5) It is a reasonable excuse for a person to fail to comply with a requirement under subsection (1) if complying with the requirement might tend to incriminate the person. s 46 31 s 46 Valuers Registration Act 1992 46 Entry and search—evidence of offences (1) Subject to subsection (3), if an investigator has reasonable grounds for suspecting that there is in a place a particular thing (the evidence) that may afford evidence of the commission of an offence against this Act, the investigator may— (a) enter the place; and (b) exercise the powers set out in section 47. (2) If the investigator enters the place and finds the evidence, the following provisions have effect— (a) the investigator may seize the evidence; (b) the investigator may keep the evidence for 60 days or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and of any appeal from the decision in relation to the proceeding; (c) if the evidence is a document—while the investigator has possession of the document, the investigator may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. (3) The investigator must not enter the place or exercise a power under subsection (1) unless— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a warrant under section 48 that was issued in relation to the evidence authorises the entry or exercise of the power. (4) If, while searching the place under subsection (1) under a warrant under section 48, the investigator— (a) finds a thing that the investigator believes, on reasonable grounds to be— s 47 32 s 47 Valuers Registration Act 1992 (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1); or (ii) a thing that will afford evidence of the commission of another offence against this Act; and (b) the investigator believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. (5) An investigator who seizes or damages anything under this section must give written notice of particulars of the thing or damage. (6) The notice must be given to— (a) if anything is seized—the person from whom the thing was seized; or (b) if damage is caused to anything—the person who appears to the investigator to be the owner. 47 General powers of investigator in relation to places (1) The powers an investigator may exercise under section 46(1)(b) in relation to a place are as follows— (a) to search any part of the place; (b) to inspect, examine or photograph anything in the place; (c) to take extracts from, and make copies of, any documents in the place; (d) to take into the place such equipment and materials as the investigator reasonably requires for the purpose of exercising any powers in relation to the place; (e) to require the occupier or any person in the place to give to the investigator reasonable assistance in relation to s 48 33 s 48 Valuers Registration Act 1992 the exercise of the investigator’s powers mentioned in paragraphs (a) to (d). (2) A person who, without reasonable excuse, fails to comply with a requirement under subsection (1)(e) to the extent that the person is capable of doing so commits an offence. Maximum penalty—20 penalty units. (3) It is a reasonable excuse for a person to fail to comply with a requirement under subsection (1)(e) if complying with the requirement might tend to incriminate the person. 48 Warrants (1) An investigator may apply to a magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 72 hours, in the place a particular thing (the evidence) that may afford evidence relevant to the investigator’s investigation. (3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the investigator has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (4) The warrant must— (a) authorise the investigator, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 47; and (iii) to seize the evidence; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and s 49 34 s 50 Valuers Registration Act 1992 (c) specify the day (not more than 7 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. 49 Charge of offence may be laid If, after considering an investigator’s report, the board considers that a prima facie case of an offence against section 63 has been made out against a person, the board may commence proceedings under section 64. 50 Disciplinary charge may be laid (1) If the investigator considers that a prima facie case is made out against a registered valuer, the investigator may charge the person with— (a) misconduct in a professional respect; or (b) incompetence or negligence in the person’s performance as a valuer. (2) The charge and a copy of the investigator’s report is to be given to the board and to the person charged. (3) The board is to appoint a committee to consider the investigator’s report. (4) The committee is to consist of at least 3 members or assistant members. (5) The committee may— (a) take disciplinary action against the person charged; or (b) take no further action. (6) If the committee acts under— (a) subsection (5)(a)—the committee must— (i) start proceedings against the person charged; and (ii) notify the person charged— (A) of the time, day and place of the proceeding; and s 50A 35 s 51 Valuers Registration Act 1992 (B) that the person must attend the proceeding; or (b) subsection (5)(b)—the committee must— (i) order the board to take no further action in relation to the matter; and (ii) notify the person charged of the committee’s decision. 50A Conflict of interest (1) The board must not appoint a member or assistant member to a committee if the member or assistant member has an interest in the matters in the investigator’s report to be considered by the committee. (2) If, during a proceeding of a committee, the chairperson or a member of the committee becomes aware that the member has an interest in the matter being considered— (a) the member must resign from the committee; and (b) if, because of the member’s resignation, the committee has fewer than 3 members—the board must appoint the number of members or assistant members necessary for the committee to have at least 3 members. (3) For subsections (1) and (2), a member has an interest in a matter to be considered or being considered by the committee if, for example, during the previous 2 years— (a) the member was employed by the same entity as the registered valuer whose conduct is being considered; or (b) the member was the employer of the registered valuer whose conduct is being considered. 51 Proceedings (1) A proceeding of a committee is open to the public only if— (a) the committee so determines; or (b) the registered valuer concerned so requires. s 52 36 s 55 Valuers Registration Act 1992 (2) In a proceeding, the investigator is entitled to give evidence, in a way acceptable to the committee, of the findings and the investigator’s opinions based on the findings. 52 Records A committee must keep a record of its proceedings. 53 Procedure (1) A proceeding before a committee is to be conducted with as little formality and technicality, and with as much speed, as a proper consideration of the matters before the committee permits. (2) In a proceeding, a committee is not bound by the rules of evidence but may inform itself of any matter in any way that it considers appropriate. (3) A committee must observe the rules of natural justice. (4) Subject to subsections (1) to (3), the chairperson may give directions as to the procedure to be followed in a proceeding. 54 Representation (1) Without limiting section 53(3), in the conduct of a proceeding, a committee must give the registered valuer charged a reasonable opportunity of defending all allegations. (2) The valuer may be accompanied by a lawyer or agent and is entitled to be represented by the lawyer or agent. 55 Powers of committee (1) In a proceeding, a committee may— (a) by written notice, require a person to attend before the committee at a specified time and place— (i) to give evidence; or (ii) to produce a specified document or thing; and (b) require a person appearing before the committee to give evidence either to take an oath or make an affirmation s 56 37 s 57 Valuers Registration Act 1992 and, for that purpose, the chairperson may administer an oath or affirmation; and (c) proceed in the absence of the person charged if the person has had reasonable notice of the proceeding. (2) The committee may adjourn the proceeding from time to time. (3) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person gives will be true. 56 Inspection of documents (1) If a document or thing is produced to a committee, the committee may— (a) examine the document or thing; and (b) make copies of, or take extracts from, the document or photograph the thing if it is relevant to the proceeding. (2) A committee may, for the purposes of a proceeding, take possession of and retain for as long as is reasonably necessary, a document or thing produced to the committee. (3) While it retains possession of a document or thing, the committee must permit the document or thing to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the committee’s possession. 57 Offences—proceedings (1) A person served, as prescribed, with a notice under section 55(1)(a) must not fail, without reasonable excuse— (a) to attend a proceeding as required by the notice; or (b) to appear from time to time in the course of the proceeding as required by the chairperson of a committee; or (c) to produce a document or thing that is specified in the notice. Maximum penalty—20 penalty units. s 58 38 s 59 Valuers Registration Act 1992 (2) A person appearing as a witness in a proceeding must not fail, without reasonable excuse— (a) to be sworn or to make an affirmation; or (b) to answer a question that the person is required to answer by a member of the committee. Maximum penalty—20 penalty units. 58 Self incrimination A person is not required— (a) to produce to a committee a document or thing; or (b) to answer a question asked by a member of a committee; if producing the document or thing, or answering the question, might tend to incriminate the person. 59 Committee may order cancellation of registration, etc. (1) If a committee finds a registered valuer guilty of the charge made against the person, the committee may do 1 or more of the following— (a) admonish or reprimand the valuer; (b) order the valuer to give an undertaking to abstain from specified conduct; (c) order the valuer to pay to the board a penalty of an amount equal to not more than 100 penalty units; (d) order that the valuer’s registration be suspended for up to 12 months; (e) order that the valuer’s registration be cancelled. (2) A committee may order the valuer to pay to the board, within a stated time, the costs or part of the costs of and incidental to the proceeding, including the costs or part of the costs of the investigation that led to the proceeding. (3) An order under subsection (1)(c) or (2) may contain a direction that the valuer’s registration is to be suspended for a stated period or cancelled if the valuer fails to pay the penalty or costs within the stated time. s 60 39 s 61 Valuers Registration Act 1992 (4) If the valuer does not pay the penalty or costs within the stated time, the valuer’s registration is suspended or cancelled in accordance with the direction. (5) If the committee makes an order under subsection (1)(e), or the valuer’s registration is cancelled under subsection (4), the board must— (a) remove the name and other particulars of the valuer from the register; and (b) publish notice of the removal in a newspaper circulating throughout the State and on the board’s website. (6) The board may also publish, in the newspaper or on the website, notice of any action taken under subsection (1)(a) to (d) or any suspension of a valuer’s registration under subsection (4). 60 Effect of removal and suspension (1) A person whose name and other particulars are removed from the register under section 59 ceases to be a registered valuer. (2) A person whose registration is suspended under section 59 is, during the suspension, taken not to be a registered valuer. 61 Appeals (1) A person aggrieved by— (a) a refusal by the board of the person’s application for registration as a valuer; or (b) a refusal by the board to restore the person’s name and other particulars to the register; or (c) an admonition, reprimand or other order of a committee; or (d) a refusal by the board of the person’s application to be recorded as a specialist retail valuer; or (f) a decision by the board to remove the person’s name from the list of specialist retail valuers; or (g) an order under section 39 that a valuer’s registration be cancelled. s 61 40 s 61 Valuers Registration Act 1992 may appeal against the decision to a District Court judge at Brisbane whose decision must be given effect by the board. (2) The appeal— (a) must be instituted— (i) within 28 days after the person receives notice of the decision; and (ii) by filing a notice of appeal in the registry of the District Court at Brisbane; and (iii) by complying with the rules of court applicable to such appeals; and (b) is by way of rehearing on the material before the board or committee or, if the judge hearing the appeal so orders, on material submitted on the appeal, or on both. (3) The judge may— (a) if the appeal is made under subsection (1)(a)— (i) allow the appeal and order the board to register the person as a valuer; or (ii) dismiss the appeal; or (b) if the appeal is made under subsection (1)(b)— (i) allow the appeal and order the board to restore the person’s name and other particulars to the register; or (ii) dismiss the appeal; or (c) if the appeal is made under subsection (1)(c)— (i) allow the appeal; or (ii) allow the appeal and make any other order that a committee may make under section 59(1)(a) to (d), (2) or (3); or (iii) dismiss the appeal; or (d) if the appeal is made under subsection (1)(d)— (i) allow the appeal and order the board to record the person as a specialist retail valuer; or (ii) dismiss the appeal; or s 62 41 s 63 Valuers Registration Act 1992 (f) if the appeal is made under subsection (1)(f)— (i) allow the appeal and order the board to restore the person’s name and other particulars to the list of specialist retail valuers; or (ii) dismiss the appeal. (4) If on appeal an order is made for payment of a monetary penalty by the appellant, the payment is to be made to the board and, for purposes of enforcement, the order is taken to be an order of the committee. Part 5 Miscellaneous 62 False statements A person must not— (a) make a statement to the board that the person knows is false or misleading in a material particular; or (b) omit from a statement made to the board anything without which the statement is, to the person’s knowledge, misleading in a material particular; or (c) give to the board a document containing information that the person knows is false, misleading or incomplete in a material particular without, at the same time— (i) indicating that the document is false, misleading or incomplete and the respect in which it is false, misleading or incomplete; and (ii) giving correct information if the person has, or can reasonably obtain, the correct information. Maximum penalty—50 penalty units. 63 Practice of unregistered valuer prohibited (1) Subject to subsections (2) and (3), a person who is not a registered valuer must not— s 64 42 s 64 Valuers Registration Act 1992 (a) hold himself or herself out as being a registered valuer; or (b) carry on or attempt to carry on the business of a registered valuer; or (c) take, use or exhibit a name, letter, word, title, description or symbol that, either alone or in the circumstances in which it is taken— (i) is capable of being reasonably understood to indicate; or (ii) is intended by the person to indicate; that the person is a registered valuer or is entitled to carry on the business of a registered valuer. Maximum penalty—100 penalty units. (2) If the person is a body corporate, an offence against subsection (1) is not committed if at least 1 director or member of the board of management of the body corporate or an employee of the body corporate is a registered valuer. (3) It is not an offence against subsection (1) for a person who is an architect, engineer or quantity surveyor to make cost assessments or cost estimates in relation to a building, structure or improvement in the course of the person’s professional duties. 64 Proceedings on behalf of board (1) A proceeding in a court in the name of the board may be instituted by the chairperson, the secretary or a person authorised by the chairperson. (2) All penalties ordered to be paid in respect of offences against this Act are payable to the board. (3) All fees payable to the board under this Act, and all penalties and costs ordered by a committee to be paid to the board under this Act, constitute debts due to the board and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned. s 65 43 s 70 Valuers Registration Act 1992 65 Evidentiary provisions In a proceeding for the purposes of this Act— (a) a certificate purporting to be signed by the secretary that a person named in the certificate— (i) was or was not at a time or for a period specified in the certificate a registered valuer; or (ii) was removed from the register on a date specified in the certificate; or (iii) was suspended for a period specified in the certificate; is evidence of the fact stated in the certificate; and (b) it is not necessary to prove— (i) the authority of the person who instituted the proceeding; or (ii) the appointment of a member of the board. 66 Regulation-making power (1) The Governor in Council may make regulations for the purposes of this Act. (2) A regulation may prescribe a code of professional conduct for valuers. Part 6 Transitional provisions Division 1 Transitional provisions for Valuers Registration Act 1992 70 Savings and transitional (1) A person registered as a valuer under the repealed Act immediately before the commencing day is taken to be registered as a valuer under this Act. s 70 44 s 70 Valuers Registration Act 1992 (2) The Register of Valuers of Queensland kept under the repealed Act and existing immediately before the commencing day, is taken to be the Register of Valuers of Queensland kept under this Act. (3) For the purposes of the constitution of the board continued in existence under section 5, the persons appointed to and holding office under the repealed Act immediately before the commencing day are taken to be the appointed members until the end of the term for which they were appointed under the repealed Act. (4) On the commencing day— (a) an application for registration under the repealed Act as a valuer that is not disposed of before that day is, subject to subsection (6), to be treated as an application duly made to the board for registration under this Act as a valuer; and (b) a proceeding by way of disciplinary action against a person registered under the repealed Act as a valuer that is not disposed of before that day is to be continued and disposed of under that Act; and (c) a proceeding by way of an appeal instituted under section 21 of the repealed Act by a person registered as a valuer under that Act that is not disposed of before that day may be continued and disposed of under this Act; and (d) an amount by way of penalty or costs that was payable to The Valuers Registration Board of Queensland under an order made under section 20 of the repealed Act is payable to, and recoverable by the board, as if the order were an order of a committee under this Act. (5) If— (a) a person’s name and other particulars were removed from the Register of Valuers of Queensland kept under the repealed Act under a direction given under section 19 or 20 of that Act; and (b) the time allowed for instituting an appeal under section 21 of that Act has not expired; and s 71 45 s 73 Valuers Registration Act 1992 (c) no appeal has been instituted; the person may, before the end of that time, appeal against that order under section 61 as if it were an order of a committee made under section 59. (6) A person who— (a) started a course of study before 1 January 1992; and (b) satisfies the requirements of provision 2 of section 13 of the repealed Act; is taken to comply with the requirements of section 30 of this Act. (7) In this section— repealed Act means the Valuers Registration Act 1965. 71 References to repealed Act A reference in an Act or document to the Valuers Registration Act 1965 is taken to be a reference to this Act. Division 2 Transitional provisions for Valuers Registration Amendment Act 2001 72 Definition for div 2 In this division— amending Act means the Valuers Registration Amendment Act 2001. 73 Publication of names of registered valuers—s 28 Despite the commencement of section 9 of the amending Act, the board— (a) must publish a copy of the register as at 1 January 2002; and (b) is not required to publish a copy as at 1 July 2002. s 74 46 s 77 Valuers Registration Act 1992 74 Roll fee—s 36 On the commencement of section 12 of the amending Act, section 36 has effect in the following way— (a) in the year 2001, roll fees are payable as if section 36 had not been amended; (b) in the year 2002, roll fees are payable for the second half of the financial year that begins on 1 July 2002 and ends on 30 June 2003; (c) in the year 2003, roll fees are payable under section 36 as amended by the amending Act. Division 3 Transitional provisions for Natural Resources and Other Legislation Amendment Act 2005 75 Definition for div 3 In this division— amending Act means the Natural Resources and Other Legislation Amendment Act 2005. 76 Renewal of registration Despite the amendment of section 36B by the amending Act, that section, as in force immediately before the commencement of this section, applies to the renewal of a valuer’s registration for the financial year beginning on 1 July 2006. 77 Renewal of recording on list of specialist retail valuers* Despite the amendment of section 42FA by the amending Act, that section, as in force immediately before the commencement of this section, applies to the renewal of a valuer’s recording as a specialist retail valuer for the financial year beginning on 1 July 2006. 47 Valuers Registration Act 1992 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 6 February 2006. Future amendments of the Valuers Registration Act 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered prev = previous 48 Valuers Registration Act 1992 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. 5 Tables in earlier reprints 6 List of legislation Valuers Registration Act 1992 No. 2 date of assent 27 March 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 1992 (1992 SL No. 76) amending legislation— Lands Legislation Amendment Act 1992 No. 64 ss 1–3 sch 1 date of assent 7 December 1992 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1992 (1992 SL No. 448) Reprint No. Amendments to Effective Reprint date 1 none 1 May 1992 1 August 1992 2 1994 Act No. 81 1 December 1994 17 February 1995 2A 1995 Act No. 57 28 November 1995 18 September 1996 2B 1996 Act No. 54 1 December 1996 14 November 1996 2C 1996 Act No. 54 1 June 1997 30 October 1997 3 1996 Act No. 54 1 June 1997 2 April 1998 3A rv 2001 Act No. 62 1 April 2002 3 April 2002 3B rv 2001 Act No. 62 1 May 2002 1 May 2002 Reprint No. Amendments included Effective Notes 3C rv 2003 Act No. 20 9 May 2003 3D rv 2004 Act No. 4 6 May 2004 3E rv 2005 Act No. 68 6 February 2006 R3E rv withdrawn, see R4 4 — 6 February 2006 Name of table Reprint No. Corrected minor errors 1 49 Valuers Registration Act 1992 Retail Shop Leases Act 1994 No. 47 ss 1–2, 124 sch date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 28 October 1994 (1994 SL No. 386) Land Act 1994 No. 81 ss 1–2, 525 sch 3 date of assent 1 December 1994 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Valuers Registration Amendment Act 2001 No. 62 date of assent 25 October 2001 ss 1–2 commenced on date of assent ss 14, 19 (to the extent it ins ss 42FA(b), 42FC, 42FD(b)) commenced 1 May 2002 (see s 2(1)) remaining provisions commenced 1 April 2002 (2002 SL No. 55) Land Legislation Amendment Act 2003 No. 20 s 1, pt 6 date of assent 9 May 2003 commenced on date of assent Natural Resources and Other Legislation Amendment Act 2004 No. 4 ss 1, 57 sch date of assent 6 May 2004 commenced on date of assent Natural Resources and Other Legislation Amendment Act 2005 No. 68 pts 1, 10 date of assent 8 December 2005 ss 1–2 commenced on date of assent remaining provisions commenced 6 February 2006 (2006 SL No. 6) 7 List of annotations Definitions s 3 def “annual renewal day” ins 2001 No. 62 s 4(2) def “appointed member” amd 2001 No. 62 s 4(1) def “CPD” ins 2001 No. 62 s 4(2) def “criminal history” ins 2003 No. 20 s 29 def “officer” ins 2005 No. 68 s 131 50 Valuers Registration Act 1992 def “specialist retail valuer” ins 1994 No. 47 s 124 sch amd 2004 No. 4 s 57 sch Membership s 6 amd 2001 No. 62 s 5 Assistant members s 7 sub 2001 No. 62 s 6 Investigations about eligibility for appointment s 10A ins 2003 No. 20 s 30 Criminal history is confidential document s 10B ins 2003 No. 20 s 30 Removal from office s 12 amd 2001 No. 62 s 7 Officers of the board employed under this Act s 17 sub 1996 No. 37 s 147 sch 2 Meetings of board s 18 amd 2005 No. 68 s 132 Quorum s 21 amd 2001 No. 62 s 8 Board is statutory body s 25A ins 1996 No. 54 s 9 sch PART 3—REGISTRATION pt hdg sub 1994 No. 47 s 124 sch Division 1—Registered valuers div hdg ins 1994 No. 47 s 124 sch Inspection of register s 27 amd 2005 No. 68 s 133 Publication of names of registered valuers s 28 amd 2001 No. 62 s 9; 2005 No. 68 s 134 Applications for registration s 29 amd 2005 No. 68 s 135 Qualifications for registration s 30 amd 2001 No. 62 s 10 Investigations about suitability of applicants s 31 sub 2005 No. 68 s 136 Consideration of suitability of applicants s 31A ins 2005 No. 68 s 136 Criminal history is confidential document s 31B ins 2005 No. 68 s 136 Certificate to be issued on registration s 34 amd 2001 No. 62 s 11 51 Valuers Registration Act 1992 Replacement and return of certificate s 35 amd 1992 No. 64 s 3 sch 1 Roll fee, late fee and restoration fee prov hdg sub 2001 No. 62 s 12(1) s 36 amd 2001 No. 62 s 12(2)–(6) Payment of roll fee for up to 5 years s 36A ins 2001 No. 62 s 13 Renewal of registration—statement or certificate about CPD s 36B ins 2001 No. 62 s 14 amd 2005 No. 68 s 137 Exemption from providing statement or certificate about CPD s 36C ins 2001 No. 62 s 14 Entries in register about renewal of registration s 36D ins 2001 No. 62 s 14 Cancellation of registration s 39 amd 2005 No. 68 s 138 Restoration of registration after removal under s 37 prov hdg sub 2001 No. 62 s 15(1) s 40 amd 2001 No. 62 s 15(2)–(3) Unauthorised dealing with register s 41 amd 1992 No. 64 s 3 sch 1 Division 2—Specialist retail valuers div hdg ins 1994 No. 47 s 124 sch List of specialist retail valuers s 42A ins 1994 No. 47 s 124 sch Valuers may apply to be recorded as specialist retail valuers s 42B ins 1994 No. 47 s 124 sch Grant of application s 42C ins 1994 No. 47 s 124 sch amd 2001 No. 62 s 16 Refusal of application s 42D ins 1994 No. 47 s 124 sch amd 2001 No. 62 s 17 Failure to decide application s 42E ins 1994 No. 47 s 124 sch om 2001 No. 62 s 18 Inspection of list s 42F ins 1994 No. 47 s 124 sch Renewal of recording of registered valuer on list of specialist retail valuers s 42FA ins 2001 No. 62 s 19 amd 2005 No. 68 s 139 52 Valuers Registration Act 1992 Payment of fee for recording on list for up to 5 years s 42FB ins 2001 No. 62 s 19 Exemption from providing statement about CPD relating to retail rental valuation s 42FC ins 2001 No. 62 s 19 Entries on list of specialist retail valuers about renewal s 42FD ins 2001 No. 62 s 19 Effect of loss of registration prov hdg sub 2001 No. 62 s 20 s 42G ins 1994 No. 47 s 124 sch Removal from list of specialist retail valuers s 42GA ins 2001 No. 62 s 21 Restoration of name on list s 42GB ins 2001 No. 62 s 21 Unauthorised dealing with list of specialist retail valuers s 42GC ins 2001 No. 62 s 21 Waiver of fee s 42GD ins 2001 No. 62 s 21 Disciplinary charges against specialist retail valuers s 42H ins 1994 No. 47 s 124 sch amd 2004 No. 4 s 57 sch Board may authorise investigation s 44 amd 2005 No. 68 s 140 Powers of investigator s 45 amd 1992 No. 64 s 3 sch 1 General powers of investigator in relation to places s 47 amd 1992 No. 64 s 3 sch 1 Disciplinary charge may be laid s 50 amd 2001 No. 62 s 22; 2005 No. 68 s 141 Conflict of interest s 50A ins 2001 No. 62 s 23 Representation s 54 amd 2005 No. 68 s 142 Offences—proceedings s 57 amd 1992 No. 64 s 3 sch 1; 2005 No. 68 s 143 Committee may order cancellation of registration, etc. s 59 amd 2001 No. 62 s 24; 2005 No. 68 s 144 Appeals s 61 amd 1994 No. 47 s 124 sch; 1995 No. 57 s 4 sch 1; 2001 No. 62 s 25; 2005 No. 68 s 145 53 Valuers Registration Act 1992 False statements s 62 amd 1992 No. 64 s 3 sch 1 Regulation-making power s 66 prov hdg sub 2004 No. 4 s 57 sch Specialist retail valuers s 67 prev s 67 om R1 (see RA s 40) pres s 67 ins 1994 No. 47 s 124 sch exp 28 October 1994 (see s 67(4)) Amendment of Valuation of Land Act s 68 om R1 (see RA s 40) Amendment of Valuation of Land Act and Another Act Amendment Act s 69 om R1 (see RA s 40) PART 6—TRANSITIONAL PROVISIONS pt hdg ins 2001 No. 62 s 26 sub 2005 Act No. 68 s 146 Division 1—Transitional provisions for Valuers Registration Act 1992 div hdg ins 2005 No. 68 s 146 References to repealed Act s 71 ins 1994 No. 81 s 525 sch 3 Division 2—Transitional provisions for Valuers Registration Amendment Act 2001 div hdg (prev pt 7 hdg) ins 2001 No. 62 s 27 sub 2005 No. 68 s 147 Definition for div 2 s 72 ins 2001 No. 62 s 27 sub 2005 No. 68 s 148 Publication of names of registered valuers—s 28 s 73 ins 2001 No. 62 s 27 Roll fee—s 36 s 74 ins 2001 No. 62 s 27 Division 3—Transitional provisions for Natural Resources and Other Legislation Amendment Act 2005 div hdg ins 2005 No. 68 s 149 Definition for div 3 s 75 ins 2005 No. 68 s 149 Renewal of registration s 76 ins 2005 No. 68 s 149 Renewal of recording on list of specialist retail valuers s 77 ins 2005 No. 68 s 149 SCHEDULE 1—ACTS REPEALED om R1 (see RA s 40) 54 Valuers Registration Act 1992 SCHEDULE 2—AMENDMENT OF VALUATION OF LAND ACT 1944 om R1 (see RA s 40) SCHEDULE 3—AMENDMENT OF VALUATION OF LAND ACT AND ANOTHER ACT AMENDMENT ACT 1971 om R1 (see RA s 40) © State of Queensland 2007