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Contents  

Land Surveyors Bill

Bill No: 11/1991
Read the first time: 27th February 1991

Long Title

Enacting Formula

Part I PRELIMINARY

Part II LAND SURVEYORS BOARD

Part III PRIVILEGES OF LAND SURVEYORS

Part IV REGISTRATION OF SURVEYORS

Part V PRACTISING CERTIFICATES

Part VI MULTI-DISCIPLINE AND CORPORATE PRACTICE

Part VII DISCIPLINARY PROCEEDINGS AND REVOCATION OF LICENCES

Part VIII CONDUCT OF SURVEYS

Part IX GENERAL

Part X REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

Explanatory Statement

Expenditure of Public Money

Table of Derivations

 
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PART IX
GENERAL
Application of fees, etc., received by Board
38.
—(1)  All fees, penalties and other moneys payable under this Act shall be paid to the Board to be applied in the first place to defraying the expenses incurred by the Board in respect of its functions under this Act, including the remuneration of the Secretary and other officers and employees of the Board, and thereafter to providing scholarships and the promotion of learning and education in connection with the profession of surveying.
(2)  The Secretary shall take and receive all moneys payable to the Board under this Act.
(3)  All fees and other moneys payable to the Board under this Act shall be paid forthwith into a bank account approved by the Minister.
(4)  The Board may from time to time invest any moneys not immediately required by the Board in such trustees’ securities as the Board may determine.
(5)  The Board shall keep full and proper accounts of all moneys received and expended by it and the accounts shall be audited by an auditor approved by the Minister.
Penalty for wilful falsification of register and for wrongfully procuring registration, etc
39.  Any person who —
(a)
wilfully makes or causes to be made any false entry in or falsification of any register kept and maintained under this Act;
(b)
wilfully procures or attempts to procure —
(i)
for any corporation or partnership any licence; or
(ii)
for himself or any other person a practising certificate or to be registered as a surveyor under this Act,
by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either verbally or in writing, or by intentionally suppressing any material fact and furnishing information which is misleading; or
(c)
knowingly aids or assists in any of the acts mentioned in paragraph (a) or (b),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $4,000.
Offences by bodies corporate, etc
40.  Where a corporation, partnership or unincorporated association of persons is guilty of an offence under this Act and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, partner, secretary or other similar officer of the corporation, partnership or association or any person who was purporting to act in any such capacity, he, as well as the corporation, partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Rules
41.
—(1)  The Board may, with the approval of the Minister, make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2)  Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, make rules —
(a)
prescribing forms of applications under this Act and certificates of registration, practising certificates and licences;
(b)
prescribing the fees payable under this Act;
(c)
prescribing the subject-matter of examinations to be conducted by or under the direction of the Board in the case of applicants or class of applicants for registration;
(d)
prescribing the form of the register of surveyors, register of practitioners and register of licensees to be kept and the particulars to be entered therein;
(e)
prescribing the fees to be charged by the Survey Department in connection with title surveys and the time for payment of those fees;
(f)
prescribing a code of professional conduct and ethics;
(g)
regulating the preparation and making of title surveys; and
(h)
regulating the proceedings of an Investigation Committee.
(3)  All rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
Exemption
42.
—(1)  The Minister may, by order and subject to such conditions as he thinks fit, exempt any person or class of persons from all or any of the provisions of this Act.
(2)  Any order made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
No action in absence of bad faith or malice
43.  No action or proceedings shall lie against the Board, an Investigation Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.