Architects Amendment Act 2025
Architects Amendment Act 2025
Western Australia
Architects Amendment Act 2025
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Architects Act 2004 amended
3.Act amended3
4.Section 4 amended3
5.Part 2 heading amended3
6.Section 5 amended4
7.Section 10 amended4
8.Section 12 amended4
9.Section 14 amended6
10.Section 15 amended6
11.Section 16 amended6
12.Section 29 amended7
13.Section 33 amended7
14.Section 35 amended8
15.Section 36 amended8
16.Section 37 amended10
17.Section 41 amended12
18.Section 44 amended12
19.Section 45 amended12
20.Section 51 amended12
21.Part 8 heading replaced13
Part 8 — Regulations, rules and fee notices
22.Section 71 amended13
23.Section 72A inserted14
72A.Fee notices14
24.Section 73A inserted15
73A.Giving notices electronically15
25.Section 78 amended15
26.Section 79 inserted16
79.Savings and transitional provisions16
27.Schedule 1 amended16
28.Schedule 2 amended16
Division 1 — Provisions for Architects Act 2004
Division 2 — Provisions for Architects Amendment Act 2025
12.Change of name of Board17
13.Transitional regulations17
29.Various references to “is to”, “are to” and “is not to” replaced18
Part 3 — Consequential amendments
30.Building Services (Complaint Resolution and Administration) Act 2011 amended21
31.Constitution Acts Amendment Act 1899 amended21
32.Sentencing Act 1995 amended21
Architects Amendment Act 2025
An Act to amend the Architects Act 2004 and to make consequential amendments to various written laws.
[Assented to 10 June 2025]
The Parliament of Western Australia enacts as follows:
This is the Architects Amendment Act 2025.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation.
Part 2 — Architects Act 2004 amended
This Part amends the Architects Act 2004.
(1)In section 4(1) insert in alphabetical order:
authorised person, in relation to an investigation under section 12, means —
(a)the Board; and
(b)a person appointed as an investigator under section 12(3);
fee means a fee of an amount determined by the Board under section 72A(1);
(2)In section 4(1) in the definition of Board after “Architects” insert:
Registration
In the heading to Part 2 after “Architects” insert:
Registration
In section 5(1) after “Architects” insert:
Registration
After section 10(d) insert:
(da)to determine the amounts of fees under section 72A;
(1)In section 12(1) delete “may” and insert:
may, on receiving a complaint or on the Board’s own initiative,
(2)In section 12(4):
(a)delete “The investigator may —” and insert:
An authorised person may, for the purposes of an investigation —
(b)in paragraph (a)(i) delete “investigator” (each occurrence) and insert:
authorised person
(c)in paragraph (b) delete “investigator; and” and insert:
authorised person; and
(d)in paragraph (c) delete “enter” and insert:
if the authorised person is an investigator — enter
(3)In section 12(5)(c)(iv) delete “investigator” and insert:
authorised person
(4)In section 12(7) delete “investigator” (each occurrence) and insert:
authorised person
(5)In section 12(8) delete “is to state that he or she” and insert:
must state that the person
(6)In section 12(9)(b) delete “he or she is” and insert:
they are
Note: The heading to amended section 12 is to read:
Investigations
In section 14(2) delete “investigator” (each occurrence) and insert:
authorised person
In section 15 delete “investigator in the exercise of his or her” and insert:
authorised person in the exercise of their
Note: The heading to amended section 15 is to read:
Obstructing authorised persons
(1)In section 16(1):
(a)delete “The” and insert:
Subject to subsection (6), the
(b)in paragraph (c) delete “Registrar” and insert:
registrar
(2)Delete section 16(6) and insert:
(6)This section does not apply to —
(a)the determination of fee amounts under section 72A; or
(b)the execution of documents.
Note for this subsection:
Authority to execute documents on behalf of the Board can be given under section 23.
In section 29 delete “A natural person is to be registered” and insert:
The Board must register a natural person
(1)In section 33(1):
(a)delete paragraph (a) and insert:
(a)made in accordance with the regulations; and
(b)in paragraph (b)(i) delete “fee prescribed by the regulations in relation to the applicant; and” and insert:
fee; and
(c)in paragraph (b)(ii) delete “(whichever is relevant) prescribed by the regulations in relation to the applicant.” and insert:
(as is relevant).
(2)In section 33(4)(b) delete “fees or disbursements” and insert:
costs
In section 35:
(a)delete “31 December in the year in” and insert:
the next 30 June following the day on
(b)delete “for a longer period” and insert:
until a later date
(1)Delete section 36(1) and insert:
(1)A registered person or a licensed corporation may apply to the Board in accordance with the regulations to renew their registration or licence until the next 30 June following the day on which it would cease to have effect, if not renewed, or until a later date that is prescribed by the regulations.
(2)In section 36(2):
(a)delete “The registration of a person is to be renewed” and insert:
On an application for renewal of a person’s registration, the Board must renew the registration
(b)delete paragraph (b) and insert:
(b)the person pays, in accordance with the regulations —
(i)the renewal fee; and
(ii)if the regulations provide that an additional fee is payable — the additional fee.
(3)In section 36(3):
(a)delete “The licence of a corporation is to be renewed” and insert:
On an application for renewal of a corporation’s licence, the Board must renew the licence
(b)delete paragraph (c) and insert:
(c)the corporation pays, in accordance with the regulations —
(i)the renewal fee; and
(ii)if the regulations provide that an additional fee is payable — the additional fee.
(4)In section 36(4) delete “The Board” and insert:
In considering an application for renewal, the Board
(1)In section 37(1):
(a)delete the passage that begins with “A registered” and ends with “regulations — ” and insert:
If a registered person or a licensed corporation does not make a renewal application and pay the applicable fee or fees on or before a day prescribed by the regulations —
(b)in paragraph (b) delete “may” and insert:
must
(2)Delete section 37(2) and insert:
(2)A person or corporation whose name is removed from the register under subsection (1) may apply to the Board in accordance with the regulations to have the name of the person or corporation restored to the register.
(2A)On an application under subsection (2), the Board may direct the registrar to restore the name of the person or corporation to the register if —
(a)the Board is satisfied as to the matters set out in section 36(2)(a) or (3)(a) and (b) (as is relevant); and
(b)the person or corporation pays —
(i)all fees that are in arrears; and
(ii)all fees that would be in arrears if the person had continued to be registered or the corporation had continued to be licensed; and
(iii)if the regulations provide that an additional fee is payable — the additional fee.
(3)In section 37(3) delete “(2)” and insert:
(2A)
(4)In section 37(4) delete “is to send to the address of a registered person or licenced corporation recorded in the register,” and insert:
must give a registered person or licensed corporation,
(5)In section 37(5) delete “in arrear,” and insert:
in arrears,
Note: The heading to amended section 37 is to read:
Non‑renewal of registrations and licences
In section 41(1) after “registered” insert:
or licensed
(1)In section 44(2) delete “the fee prescribed by the regulations,” and insert:
the applicable fee,
(2)In section 44(3)(b) delete “for the” (1st occurrence).
In section 45 delete “the fee prescribed by the regulations, is to” and insert:
the applicable fee, must
(1)In section 51(2) delete “the fee prescribed by the regulations” and insert:
the applicable fee
(2)In section 51(5) delete “the fee prescribed by the regulations for the purposes of this subsection.” and insert:
the applicable fee.
Delete the heading to Part 8 and insert:
Part 8 — Regulations, rules and fee notices
(1)In section 71(2):
(a)delete paragraph (c) and insert:
(c)making provision relating to registration, licences and renewals, including the following —
(i)the obtaining of the Board’s preliminary advice or direction in relation to a proposed application and for the recovery of the Board’s costs in relation to giving the advice or direction;
(ii)the date in each year by which a renewal application may be made;
(iii)the date in each year by which the renewal fee must be paid;
(iv)the circumstances in which, and conditions on which, a renewal application may be made, or the renewal fee may be paid, after the due date, including a condition requiring the payment of an additional renewal fee;
(b)in paragraph (f) delete “provisions” and insert:
provision
(c)in paragraph (j) delete “prescribing the fees to be paid for the purposes of this Act” and insert:
providing for fees to be paid for the purposes of this Act and prescribing the circumstances in which they are payable
(2)After section 71(2) insert:
(2A)Regulations cannot prescribe the amounts of the fees for which this Act or the regulations provide.
At the end of Part 8 insert:
(1)The Board must, by written notice published on a website maintained by or on behalf of the Board, determine the amounts of the fees for which this Act or the regulations provide.
(2)In determining the amounts of fees under subsection (1), the Board must ensure that the fees expected to be received by the Board do not exceed the costs and expenses expected to be incurred by the Board in performing its functions.
(3)A notice under this section is not subsidiary legislation for the purposes of the Interpretation Act 1984.
(4)The Interpretation Act 1984 section 43 (other than subsection (6)) applies to a notice under this section as if it were subsidiary legislation.
(5)This section does not permit the Board to require the payment of a fee not provided for in this Act or the regulations.
After section 73 insert:
73A.Giving notices electronically
Without limiting the Interpretation Act 1984 sections 75 and 76, a notice required or permitted under this Act to be given by the Board to a person may be given by emailing it to an email address provided by the person.
Delete section 78(3).
Note: The heading to amended section 78 is to read:
Repeal of Architects Act 1921
After section 78 insert:
79.Savings and transitional provisions
(1)Schedule 2 Division 1 has effect in relation to the repeal effected by section 78(1).
(2)Schedule 2 Division 2 has effect in relation to the amendments made by the Architects Amendment Act 2025.
(1)In Schedule 1 clause 4(4) delete “is to perform” and insert:
performs
(2)In Schedule 1 clause 6(2) and (3) delete “is to act” and insert:
acts
(1)Delete the reference after the heading to Schedule 2 and insert:
[s. 79]
(2)At the beginning of Schedule 2 insert:
Division 1 — Provisions for Architects Act 2004
(3)In Schedule 2 clause 1 delete “this Schedule — ” and insert:
this Division —
(4)In Schedule 2 clauses 2 and 11 delete “this Schedule” and insert:
this Division
(5)At the end of Schedule 2 insert:
Division 2 — Provisions for Architects Amendment Act 2025
(1)In this clause —
commencement day means the day on which the Architects Amendment Act 2025 section 6 comes into operation.
(2)The change of name of the Board effected by the Architects Amendment Act 2025 section 6 does not —
(a)affect the identity or continuity of the Board; or
(b)affect the property, rights or liabilities of the Board; or
(c)make any legal proceedings by or against the Board defective.
(3)On and after commencement day, any legal proceedings that could have been continued or commenced by or against the Board in its former name may be continued or commenced by or against the Board in its new name.
(1)In this clause —
specified means specified or described in transitional regulations;
transitional matter means a matter or issue of a transitional, savings or application nature.
(2)Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter in connection with the enactment of, or any amendment made by, the Architects Amendment Act 2025.
(3)Without limiting subclause (2), transitional regulations may provide for specified provisions of this Act or another written law —
(a)not to apply to, or in relation to, a specified matter or thing; or
(b)to apply with specified modifications to, or in relation to, a specified matter or thing.
29.Various references to “is to”, “are to” and “is not to” replaced
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
s. 7(2), (3) and (4) s. 12(5), (6), (7) and (9) s. 17(1) s. 20(1), (4), (6) and (7) s. 21(3) s. 23(3) s. 26(1) s. 28(1), (2), (4) and (5) s. 33(1), (2) and (5) s. 38(1), (3) and (4) s. 39(1), (3) and (4) s. 40(4) s. 42(1) and (2) s. 43(1) and (3) s. 44(1) s. 46 s. 47(2) s. 48(1) and (2) s. 51(2) and (5) s. 59(2) s. 61(1) s. 62(2) s. 71(2)(i) s. 81(1) and (2) |
is to |
must |
|
s. 7(1) s. 26(2) s. 27 s. 75(2) |
are to
|
must |
|
s. 12(2) s. 47(3) s. 59(7) |
is not to |
must not |
|
Sch. 1 cl. 2 Sch. 1 cl. 9(1) Sch. 1 cl. 13 Sch. 1 cl. 18(2) |
is to |
must |
|
Sch. 1 cl. 6(2) and (3) |
is to |
must |
|
Sch. 1 cl. 7 |
is to |
can |
|
Sch. 1 cl. 4(1) Sch. 1 cl. 9(2) |
are to |
must |
Part 3 — Consequential amendments
30.Building Services (Complaint Resolution and Administration) Act 2011 amended
(1)This section amends the Building Services (Complaint Resolution and Administration) Act 2011.
(2)In section 3 in the definition of vocational regulatory body paragraph (a) before “Board” insert:
Registration
31.Constitution Acts Amendment Act 1899 amended
(1)This section amends the Constitution Acts Amendment Act 1899.
(2)In Schedule V Part 3 in the item relating to The Architects Board of Western Australia before “Board” insert:
Registration
32.Sentencing Act 1995 amended
(1)This section amends the Sentencing Act 1995.
(2)In Schedule 1 in the item relating to the Architects Act 2004 before “Board” insert:
Registration
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer