legislation
The that is being viewed is valid for Sessional.
Land Valuers Act 2001 (No. 101 of 2001)
-------------------------------------------------------------------------------
CONTENTS
Land Valuers Act 2001
Part 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Qualifications required to carry on business as land valuer
5. Incorporated land valuer's business to be properly managed and
supervised
Part 2 - Complaints and Investigations
6. Complaints
7. Investigations
8. Consultation regarding investigations
9. Grounds for disciplinary action
10. Prosecution for offence
11. Application to determine grounds for disciplinary action
12. Disciplinary action
13. Ancillary powers of Director
14. Contravention of order
15. Register of disciplinary action
16. Appeal against determination or order to magistrate
17. Appeals to Magistrates Court (Administrative Appeals Division)
Part 3 - Miscellaneous and Supplemental
18. Former Register of Valuers
19. Regulations
20. Savings and transitional
21. Administration of Act
22. Postponement of rescission of , Valuers Registration
Regulations 1975
23. Local Government Act 1993, amended
24. Trustee Act 1898, amended
25. Repeal of , Valuers Registration Act 1974
Schedule 1 - Savings and Transitional Provisions
[crest]
Land Valuers Act 2001
An Act to regulate land valuers, to repeal the Valuers Registration Act
1974 and for related matters
[Royal Assent 17 December 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
PART 1 - Preliminary
1. Short title
This Act may be cited as the Land Valuers Act 2001.
2. Commencement
(1) Section 22 commences on the day on which this Act receives the
Royal Assent.
(2) The remaining provisions of this Act commence on a day to be
proclaimed.
3. Interpretation
(1) In this Act, unless the contrary intention appears
"accredited course" means
(a) a degree (Undergraduate 1); or
(b) a tertiary qualification
if the degree or qualification is approved by the Australian Property
Institute or by any other organisation representing the professional
interests of land valuers in Tasmania and includes any other course
that is approved by that Institute or organisation as being of
equivalent standard to any such degree or qualification;
"Australian Property Institute" means the incorporated association
established to represent professional land valuers and other property
professionals in Tasmania;
"authorised officer" means the Director or a person declared to be, or
appointed as, an authorized officer under the Fair Trading Act 1990;
"Board" means the Valuers Registration Board established under the
repealed Act;
"commencement day" means the day fixed under section 2(2);
"court" means the Magistrates Court;
"Director" means the Director of Consumer Affairs;
"director" of a body corporate includes
(a) a person occupying or acting in the position of director or
member of the governing body of the body corporate, by whatever
name called and whether or not validly appointed to occupy, or duly
authorised to act in, the position; and
(b) any person in accordance with whose directions or instructions
the directors or members of the governing body of the body
corporate are accustomed to act;
"document" includes
(a) a book, plan, paper, parchment or other material on which there
is writing or printing, or on which there are marks, symbols or
perforations having a meaning for persons qualified to interpret
them; and
(b) a disk, tape, paper or other device from which sounds or
messages are capable of being reproduced;
"land" includes
(a) messuages, tenements and hereditaments, corporeal and
incorporeal, of every kind and description (whatever may be the
estate or interest in them), together with all structures, paths,
passages, ways, waters, watercourses, liberties, privileges,
easements, plantations, gardens, mines, minerals and quarries and
all trees and timber on land or lying or being under land; and
(b) any structure which is above land but permanently anchored to,
or otherwise kept in place above, the land;
"land valuer" means a person who carries on a business that consists
of, or involves, valuing land;
"repealed Act" means the Valuers Registration Act 1974.
(2) For the purposes of the definition of "land" in subsection (1), a
person who has a licence to enter or remain on land is taken to have an
interest in the land.
(3) Where the Australian Property Institute ceases to exist, or
ceases to exist under that name, the Governor may, by order, amend this Act
by substituting for that Institute the name of any other organisation which
the Governor is satisfied represents the interests of land valuers in
Tasmania.
4. Qualifications required to carry on business as land valuer
(1) A natural person must not carry on business, or hold himself or
herself out, as a land valuer unless he or she has satisfactorily completed
an accredited course and has the required practical experience as
determined by the Australian Property Institute or any other organisation
representing the interests of land valuers in Tasmania.
Penalty:
Fine not exceeding 200 penalty units and a further penalty not
exceeding 5 penalty units for each day during which the offence
continues after conviction.
(2) Subsection (1) does not apply to a person who was immediately
before the commencement day
(a) a registered valuer under the repealed Act and whose registration
was not suspended under that Act; and
(b) subject to any restricted registration under that Act so long as he
or she is practising in accordance with that restriction.
5. Incorporated land valuer's business to be properly managed and
supervised
A land valuer that is a body corporate must ensure that the valuer's
business is properly managed and supervised by a natural person who
(a) has satisfactorily completed an accredited course and has the
required practical experience as determined by the Australian Property
Institute or any other organisation representing the interests of land
valuers in Tasmania; or
(b) was, immediately before the commencement day, a registered valuer
under the repealed Act and whose registration was not suspended under
that Act; or
(c) if he or she was, immediately before the commencement day, subject
to any restricted registration under the repealed Act, is practising in
accordance with that restriction.
Penalty:
Fine not exceeding 200 penalty units and a further penalty not
exceeding 5 penalty units for each day during which the offence
continues after conviction.
PART 2 - Complaints and Investigations
6. Complaints
The Director may receive complaints relating to this Act with respect to
the conduct of land valuers.
7. Investigations
(1) The Director may conduct an investigation required for the
exercise of powers or the discharge of duties under this Part.
(2) An authorised officer has the same powers for entry to premises
and obtaining documents and other information as are conferred by sections
30 and 31 of the Fair Trading Act 1990 and the offences and penalties
provided by section 32 of that Act apply.
8. Consultation regarding investigations
For the purposes of this Part, the Director may consult with the
Valuer-General or his or her nominee and a land valuer nominated by the
Australian Property Institute.
9. Grounds for disciplinary action
There are grounds for disciplinary action against a land valuer if
(a) the land valuer has acted contrary to the Fair Trading Act 1990; or
(b) the land valuer has acted unlawfully, improperly, negligently or
unfairly in the course of carrying on, or being employed or otherwise
engaged in, the business of a land valuer; or
(c) the land valuer has been found guilty of an offence involving fraud
or dishonesty that is punishable on conviction by imprisonment for 3
months or more.
10. Prosecution for offence
A prosecution for an offence under this Act
(a) may be instituted by an authorised officer; and
(b) must be commenced within 3 years after the commission of the
alleged offence and within 6 months after the authorised officer first
obtains knowledge of the alleged offence.
11. Application to determine grounds for disciplinary action
On receipt of an application from any person, the Director must determine
whether there are grounds for disciplinary action against a land valuer in
accordance with the application and, for that purpose, may conduct a
hearing or such investigation as he or she thinks fit.
12. Disciplinary action
(1) Where the Director determines that there are grounds for taking
disciplinary action against a land valuer, the Director may, by order, do
one or more of the following:
(a) prohibit the valuer land from carrying on business as a land
valuer;
(b) prohibit the land valuer from being employed or otherwise engaged
in the business of a land valuer;
(c) prohibit the land valuer from being a director of a body corporate
that is a land valuer;
(d) reprimand the land valuer;
(e) require the land valuer to pay the reasonable costs of the hearing
or any investigation conducted for the purposes of the hearing, or
both.
(2) The Director may order that a prohibition is to apply
(a) permanently; or
(b) for a specified period; or
(c) until the fulfilment of any conditions specified in the order; or
(d) until further order.
(3) An order may provide that it is to have effect at a specified
time and impose conditions as to the conduct of the land valuer who is
subject to the order or that person s business until that time.
(4) An order takes effect on the day on which it is served on the
land valuer to whom it relates.
(5) If an amount ordered to be paid by a land valuer as costs under
subsection (1)(e) is not paid as directed by the order, that amount may be
recovered by the Director as a debt due to the Crown in any court of
competent jurisdiction.
13. Ancillary powers of Director
For the purpose of exercising his or her powers under this Part, the
Director has the same powers as the court to administer an oath and compel
the attendance of witnesses and production of documents.
14. Contravention of order
(1) If a person carries on business as a land valuer in contravention
of an order of the Director, the person is guilty of an offence.
Penalty:
Fine not exceeding 350 penalty units and imprisonment for a period not
exceeding 6 months.
(2) If a person
(a) is employed or otherwise engages in the business of a land valuer;
or
(b) becomes a director of a body corporate that is a land valuer
in contravention of an order by the Director, that person and the land
valuer are each guilty of an offence.
Penalty:
Fine not exceeding 350 penalty units and imprisonment for a period
not exceeding 6 months.
15. Register of disciplinary action
(1) The Director must keep a register of disciplinary action
taken against a person under this Act and must make a note in the
register of any assurance accepted by the Director under the Fair
Trading Act 1990 in respect of a land valuer.
(2) A person may inspect the register at any time when the office
of the Director is open for business.
16. Appeal against determination or order to magistrate
(1) This section applies to a determination or order made by the
Director before commencement of the Magistrates Court (Administrative
Appeals Division) Act 2001.
(2) A person who is aggrieved by a determination or order to
which this section applies may appeal to a magistrate within 28 days
after receiving notice of that determination or service of the order.
(3) At the hearing of an appeal under this section, the
magistrate may
(a) confirm the determination or order of the Director and direct
that the determination or order is to take effect from a specified
date; or
(b) set aside the determination or order of the Director; or
(c) set aside the determination or order of the Director and
substitute another determination or order that the Director could
have made.
(4) Subject to this section, an appeal under this section is to
be instituted, heard and determined as prescribed.
17. Appeals to Magistrates Court (Administrative Appeals Division)
On and after the commencement of the Magistrates Court (Administrative
Appeals Division) Act 2001
(a) a person may not commence an appeal under section 16, but an
appeal already commenced under that section may be continued and
dealt with as if that Act had not commenced; and
(b) a person aggrieved by a determination or order made by the
Director may apply to the Magistrates Court (Administrative Appeals
Division) for a review of the determination or order.
PART 3 - Miscellaneous and Supplemental
18. Former Register of Valuers
The Valuer-General must continue to keep the Register of Valuers,
formerly maintained under the Valuers Registration Act 1974, and make
it available for inspection by any person at any time when the office
of the Valuer-General is open for business.
19. Regulations
The Governor may make regulations for the purposes of this Act.
20. Savings and transitional
The savings and transitional provisions specified in Schedule 1 have
effect.
21. Administration of Act
Until provision is made in relation to this Act by order under section
4 of the Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Minister for
Primary Industries, Water and Environment; and
(b) the department responsible to the Minister for Primary
Industries, Water and Environment in relation to the administration
of this Act is the Department of Primary Industries, Water and
Environment.
22. Postponement of rescission of Valuers Registration Regulations 1975
(1) The rescission of the Valuers Registration Regulations 1975
that, but for this section, was to have been effected on 1 January 2002
is postponed until 1 January 2003.
(2) Subsection (1) does not apply so as to prevent the rescission
of the Valuers Registration Regulations 1975 at any time before 1
January 2003.
23. Local Government Act 1993 amended
Section 177(2) of the Local Government Act 1993 is amended by ...