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Legislative Assembly for the ACT: 2004 Week 4 Hansard (1 April) . . Page.. 1547..


MR CORBELL (continuing):

definition was changed to the one in the bill at the request of the Royal Australian Institute of Architects. While the issue of this definition has not been raised with the government since, if the profession has now decided that the New South Wales definition better describes the services they provide then the government is very happy to revert to its original proposal.

MS TUCKER (5.22): As has been explained, this reverts to the original definition of "architectural services"proposed for the bill and I am happy to support it.

Amendment agreed to.

Clause 7, as amended, agreed to.

Clauses 8 to 29, by leave, taken together and agreed to.

Clause 30.

MR CORBELL (Minister for health and Minister for Planning) (5.23): I seek leave to move amendments Nos 1 to 3 circulated in my name together.

Leave granted.

MR CORBELL: I move amendments Nos 1 to 3 circulated in my name [see schedule 2 at page 1613].

Clause 1 specifies the functions for a nominee of a firm in relation to the provision of architectural services by the firm. The existing provision specifies that the function of a nominee is to supervise the architectural services provided by the firm and ensure that the provisions of these services comply with the act. This amendment modifies the functions to remove the specific reference to "supervise"so that the function of the nominee is now simply to ensure that the architectural services for which the nominee is responsible complies with the act. This provides an appropriate degree of flexibility in the nominee functions, to enable firms that provide architectural services to make appropriate arrangements that do not unnecessarily complicate their administrative and operational requirements. While the requirement to supervise is no longer specified it does not change in any way the functions of the nominee. My second amendment, under clause 30 (2) it says:

The nominee commits an offence if they fail to adequately fulfil their specified functions.

This amendment aligns the offence provision to the function specified in the new clause 30 (1) so that the nominee commits an offence if they fail to ensure that the relevant architectural services comply with the act. Finally, my amendment No 3 aligns the offence provisions to the new clause 30 (1) so that a corporation or a partner in a firm commits an offence if a nominee has failed to ensure that the relevant architectural services comply with the act.

MS DUNDAS (5.25): There has been a lot of discussion about the terminology used in these clauses. I understand that the minister has decided to omit these clauses


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