Architects (Registration) Regulation 1992

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001.

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MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Architects (Registration) Act 1989.

“election” means an election of members of the Board as required by Section 3(1)(c) of the Act;

“prescribed examinations” means the examinations referred to in Section 14(1).

(1) For the purpose of Section 3(1)(c) of the Act, the Registrar shall prepare a roll of electors entitled to vote at an election comprising the names of all persons who are duly registered as architects on the date of the publication of the notice of that election.

(2) The roll shall be certified to be correct by the Chairman by writing under his hand and when so certified shall be the roll of electors to be used at the election for which it was prepared.

(1) In the month of June in the year 1993 and in each year thereafter in which an election is to be held, the Board shall determine the date of the election to be held in such year and the date for the receipt of nominations therefor and, on or before a date to be determined by the Board, the Registrar shall give public notice by advertisement in the National Gazette of intention to hold such election.

(2) An election shall take place not later than 31 August next following the gazettal of a notice under Subsection (1) relating to that election.

(3) Nominations for an election shall close not less than 21 days after the date of the gazettal of a notice under Subsection (1) relating to that election.

(4) Ballot-papers for an election shall be issued not less than 21 days prior to the date fixed for that election.

(5) Every notice of election shall specify the date fixed for the election, and the date determined by the Board as the final date for the receipt of nominations of candidates in respect of such election.

(1) Any three persons whose names are included in the roll of electors, and who wish to nominate an eligible person as a candidate for an election, may complete and sign a nomination-paper in Form 1 of Schedule 1 and such nomination-paper shall be signed by the person, therein named as a candidate, accepting such nomination.

(2) A nomination paper completed and signed in accordance with Subsection (1) shall be lodged with or otherwise received by the Registrar before three o’clock in the afternoon of the day determined by the Board as the final day for the receipt of nominations of candidates.

(3) Where no more than two eligible persons are nominated, the Registrar shall make a return to the Minister and shall declare such persons to have been duly elected by the architects of Papua New Guinea for appointment as members of the Board.

(4) Where the number of eligible persons nominated is greater than two, an election shall be held and the Registrar shall, as soon as practicable, cause voting-papers to be prepared and shall forward or cause to be forwarded in a sealed envelope, to every person included in the roll of electors, an open envelope addressed to the Registrar, and marked “Voting-paper only”, and a voting-paper in Form 2 of Schedule 1 setting out the names of the candidates.

(5) A candidate may withdraw his consent to his nomination at any time before three o’clock on nomination day by delivering, or causing to be delivered to the Registrar, a notice of retirement in Form 3 of Schedule 1 and thereby the nomination shall be cancelled.

(6) The Registrar may, at any time prior to the forwarding of voting papers pursuant to Subsection (4), upon receipt of notice of the death of a candidate, and provided that it is practicable so to do, cancel the nomination of that candidate.

(7) Each voter shall vote for two candidates and indicate his vote on the voting-paper by placing a cross in the square opposite the name of each of the two candidates for whom he votes and, if any voter shall vote for more or less than two candidates or make any other mark or writing on the voting-paper, the vote given by such voter on such voting-paper shall be deemed to be informal and shall not be counted by the Registrar.

(8) A voter shall enclose his voting-paper in the envelope furnished to him under Subsection (4), addressed to the Registrar and marked as provided in Subsection (7) and shall deliver or cause to the delivered the same so that it shall be received by the Registrar before three o’clock in the afternoon of the day fixed for holding such election.

(9) Each voting-paper, when returned to the Registrar, shall be deposited in a locked ballot-box with a cleft or opening therein capable of receiving the voting papers.

(10) Each candidate shall be entitled to appoint, in writing, one scrutineer to be present when the Registrar shall open the envelopes containing the voting-papers on the day of the election and such appointment shall be notified to the Registrar not less than five days prior to the day fixed for the election.

(11) The Registrar shall, at three o’clock in the afternoon of the day of the election, in the presence of the scrutineers appointed in accordance with Subsection (10)–

(a) open the envelopes addressed to the Registrar and marked in accordance with this section which have been returned to him; and

(d) where two or more candidates have received an equal number of votes, determine by lots, in the presence of witnesses, which candidate shall be elected.

(12) At the examination of the voting-papers under Subsection (11)(b), the Registrar shall deem to be informal and not count a voting paper which–

(b) contains a greater or lesser number of names voted for than the members to be elected; or

(13) After carrying out the procedure set out in Subsection (11), the Registrar shall–

(a) make out a written statement signed by himself, and countersigned by any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes for each candidate ascertained in accordance with Subsection (11); and

(b) at the same time and place, declare to have been duly elected the two candidates who have received the greatest number of votes; and

(c) forthwith thereafter certify to the Minister, by writing under his hand, the names of the candidates so elected, and the date of the declaration of the result of the election.

Not less than three months after holding an election, the Registrar shall, when authorized by the Board, destroy all voting-papers used at such election.

Not later than seven days after each election of a person to be President of the Papua New Guinea Institute of Architects, the Secretary of the Papua New Guinea Institute of Architects, or the person acting in his behalf, shall notify the Minister and the Registrar of such election and of the name of the said President.

(1) The Registrar shall deposit all moneys received by him on account of the Board forthwith with the Papua New Guinea Banking Corporation in Port Moresby, or such other bank as may from time to time be determined by the Board, to the credit of the Board, to an account to be called “The Board of Architects of Papua New Guinea Account”.

(2) All accounts rendered to the Board and passed by it for payment shall be paid by cheque and signed by at least two of the following:–

(3) The Registrar shall present to the Board at each ordinary meeting a statement, showing the receipts and disbursements since the last preceding meeting, and shall obtain and produce the bank statement at each ordinary meeting, and at any special meeting if required to do so in the notice for the holding of such meeting.

All certificates issued by the Board shall have affixed thereto the seal of the Board and shall bear the signatures of the Chairman and the Registrar.

(1) The Registrar shall have the custody of the seal of the Board which shall not be used except as provided in this Regulation.

(2) The seal of the Board may be affixed by the Chairman or the Registrar to any instrument or writing, when such fixing is authorized by a resolution of the Board passed for that purpose and entered in the minutes of the proceedings of the Board.

No later than the 31 August in each year, the Registrar shall forward to each architect whose name remains on the register a notice setting out the amount of the roll fee due in respect of the year commencing on the first day of January next following.

(1) A person who wishes to be registered as an architect shall submit to the Board an application in Form 4 of Schedule 1.

(3) Not later than 30 September 1991, the President of the Papua New Guinea Institute of Architects shall submit to the Board a list of architects who are current members of the Papua New Guinea Institute of Architects and who meet the requirements of Section 22 of the Act.

(4) Upon application for registration in accordance with Section 23 of the Act, by an architect whose name appears on the list referred to in Subsection (3), the Board shall issue a certificate of registration.

(1) A company which desires to obtain approval as approved architectural company or to obtain renewal of its certificate of approval as approved architectural company shall make application to the Board in Form 6 of Schedule 1.

(2) A certificate of approval or a renewal of a certificate of approval shall be granted in Form 7 of Schedule 1.

(3) Where the Board refuses to grant an approval or to grant a renewal of a certificate of approval all fees that accompanied the application shall be refunded.

(4) Where, in relation to the consideration by the Board of an application for a certificate of approval or renewal of a certificate of approval, the Board is of the opinion that it requires further evidence that the applicant company properly fulfils the conditions entitling it to be an approved architectural company or to have its certificate of approval renewed, it may, if thought so desirable, appoint a time and place to allow the principal executive officer of the company to appear before it or before any committee appointed for that particular purpose to answer questions and to give further information relative to the application, and to produce such further evidence as the Board may require.

(5) An approved architectural company shall, within one month after a person becomes or ceases to be the person having the actual personal supervision and management of the business of the company at any place of business in Papua New Guinea, lodge with the Registrar a notice of that fact.

(6) The provisions of Subsection (4) shall mutatis mutandis apply where in the opinion of the Board further consideration should be given to the details of a notice lodged with the Registrar under Section 34 of the Act or under Subsection (5).

(1) Examinations in the subjects set out in Schedule 3 shall constitute the prescribed examinations referred to in Section 22 of the Act.

(2) The Board shall, from time to time, by notice published in the National Gazette, recommend for study and reference by candidates for the prescribed examinations such text-books as it considers appropriate and shall similarly publish a syllabus for each subject.

(1) A candidate shall not be permitted to sit for Parts 1 or 2 of the prescribed examinations unless that candidate would, in the opinion of the Board, be eligible for enrolment in a course falling within the provisions of Section 22(b) of the Act.

(a) Part 1 and Part 2 of the prescribed examinations shall in each case be passed within a maximum of three years, except where, having regard to the special circumstances in any particular case, the Board grants an extension;

(b) Part 2 of the prescribed examinations may not be undertaken unless Part 1 has been passed;

(c) Part 3 of the prescribed examinations, or the equivalent examinations conducted by a Board or other body approved by the Board, shall not be taken unless–

(ii) the candidate has undertaken the whole of the practical experience in architectural work and practice as is required by Subsection (3).

(3) Subject to Subsection (4), the practical experience in architectural work and practice referred to in Section 22(b) of the Act shall consist of a minimum of five years of employment which in the opinion of the Board might reasonably be expected to equip the candidate with sufficient knowledge and expertise to pass either Part 3 of the prescribed examinations or the equivalent examinations conducted by a board or other body approved by the Board.

(4) At least one full year of the employment referred to in Subsection (3) shall be commenced and completed after the requirements of Section 22(a) of the Act have been completed.

The prescribed form of application for entry to examinations in any of the subjects contained in Parts 1 or 2 of the prescribed examinations shall be Form 8 of Schedule 1 and the prescribed form of application for entry to Part 3 of the prescribed examinations shall be Form 9 of Schedule 1.

The Board shall, from time to time, by notice in the National Gazette, publish a list of those courses of study in architecture the syllabuses of which have been approved by the Board pursuant to Section 22(b) of the Act.

For the purposes of Section 18 of the Act, the register shall contain in respect of each person registered as an architect a description of the qualification (and the date upon which such qualification was gained) forming the basis of that person’s registration.

The following shall be a prescribed school of architecture for the purposes of Section 3(1)(b) of the Act:–

“The Department of Architecture, Papua New Guinea University of Technology, Lae.”

(1) A person holds a prescribed qualification for the purposes of Section 31(b)(ii)(A) of the Act if that person is eligible for corporate membership of any of the following:–

(b) an institute or like body which in the opinion of the Board is equivalent to or of equal standing with the body listed in Paragraph (a), or the Papua New Guinea Institute of Architects.

(2) A person is a relative, as prescribed of an architect for the purposes of Section 31(1)(b)(iii)(B) of the Act if that person is the spouse, child, grandchild, parent or grandparent of the architect.

For the purposes of Section 46(1) of the Act, the estimated value of works shall exceed K50,000.00.

For the purposes of Section 53(2) of the Act, the Annual Statements of Account shall be in accordance with Form 10.

A registered architect shall within 14 days after changing his business address, notify the Registrar in writing of such change.

The fees specified in Schedule 2 shall be the fees for the matters and circumstances respectively set out in that Schedule.

(1) A person who contravenes or fails to comply with any provision of this Regulation commits an offence against this Regulation.

(3) A person who commits an offence against this Regulation is liable to a penalty of a fine not exceeding K1,000.00.

Form 9 – Application for entry to examination in architectural practice.

Form 10 – Annual statements of account statement of receipts and disbursements for the year ended 30th December 19....

^[1]MATTER AND CIRCUMSTANCE	FEES
Prescribed roll fee (Section 21(1))	80.00
Prescribed registration fee (Section (Section 23(1)(c)(i))	80.00
Prescribed certificate fee (Section 23(1)(c)(iii))	30.00
Prescribed fee accompanying application for approval (Section 31(2)(c))	100.00
Prescribed fee accompanying application for renewal of approval (Section 32(2)(c))	150.00
For supply of any copy or extract from the Register of Architects-for each page	5.00
Fee on application for entry to prescribed examinations	20.00.”.

Papua New Guinea Consolidated Legislation

Architects (Registration) Regulation 1992