The Queensland Government has passed amending
legislation which clarifies the application of the Professional
Engineers Act 2002 (Qld) (the Act) to engineers performing
engineering services outside Queensland.
The amending legislation1, which was passed on 15
October 2014, confirms that the Act will apply to engineers outside
Queensland who provide engineering services in relation to
The amendment Act received assent on 27 October 2014 and will
commence on a date to be proclaimed.
THE REQUIREMENT TO BE REGISTERED
Under the Act2, a person who is not a registered
professional engineer must not carry out professional engineering
services, unless that person carries out the professional
engineering services under the direct supervision of a registered
The Act does not currently have extraterritorial
As such, it is unclear whether the requirements of the Act
extend to engineers performing professional engineering services
outside Queensland in relation to projects carried out (or to be
carried out) in Queensland.
THE AMENDED POSITION
The amendment Act will clarify this position by inserting a new
section3 which provides that the Act applies both within
and outside Queensland.
According to the Explanatory Notes, this amendment is
specifically intended to clarify that engineers who provide
professional engineering services outside Queensland for the
purposes of Queensland-based projects must be registered under the
Act (or be appropriately supervised).
CONSEQUENCES FOR ENGINEERS
Under the Act, an individual engineer performing professional
engineering services bears the risk of ensuring he or she is
appropriately registered or supervised.
CONSEQUENCES FOR CONTRACTORS
All engineers within Australia will now need to ensure they are
registered in accordance with the Act, or are supervised by an
appropriately registered person, before providing professional
engineering services in relation to Queensland-based projects.
A failure to do so may result in an engineer being unable to
recover payment for the performance of those
Further, if a contract for a project in Queensland contains (as
most do) a clause requiring the contractor to 'comply with all
applicable laws', that contractor will need to ensure that all
engineering work performed pursuant to the contract is performed by
an engineer registered (or supervised) in accordance with the
requirements of the Act.
1Professional Engineers and Other
Legislation Amendment Act 2014 (Qld) (amendment
Act). The amendment Act and Explanatory Notes are
4Clause 141(2) of the Act provides that, in
circumstances where an engineer is not registered or supervised in
accordance with the Act, an engineer will not be entitled to any
monetary or other consideration for the performance or carrying out
of professional engineering services, despite any agreement between
that engineer and a client to the contrary.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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