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01. QS Acts Amendment 2002 |
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This Bill
seeks to amend the Quantity Surveyors Act
1967 ("Act 487"). |
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The
new section 7B proposed in clause 10 will
enable multidisciplinary practices to be established.
These are practices in which quantity surveying
services as well as engineering and/or architectural
services are provided. |
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Paragraphs
5(e) and (g) propose additional functions
for the Board of Quantity Surveyors. The additional
functions include the power to act as a stakeholder
in a contract for quantity surveying services,
the power to provide professional development
facilities and the power to authorise a person
to investigate the commission of any offence
under the Act or any rules made under it. |
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Clauses
9, 18, 19 and 20 propose amendments to improve
the provisions of Act 487 relating to disciplinary
control which the Board of Quantity Surveyors
exercises over persons, sole proprietorships,
partnerships and bodies corporate registered
or approved to practise under the Act. Clause
25 proposes a new section 24C which provides
that the Board of Quantity Surveyors may appoint
Investigating Committees to assist it in exercising
such control. The committees will conduct
investigations and submit reports of the investigations
to the Board for its further action. |
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Clause 27 introduces three new sections, namely
sections 25A, 25B and 25C. It is proposed
through the new section 25A that the Board
of Quantity Surveyors may cancel the registration
of a registered, registered graduate or temporary
registered Quantity Surveyor, or permit to
practise of a firm or body corporate practising
as consulting Quantity Surveyors, if he or
it fails to comply with an order of the Board
or Appeal Board. The new sections 25B and
25C propose provisions regarding the powers
of investigation, search and seizure of an
authorised officer |
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The
amendments proposed in paragraph 24(h) of
the Bill provide for a new
offence regarding persons, sole proprietorships,
partnerships and bodies corporate who contravene
section 7(1), 8(1), 24A, 24B, 24D(2) or 25B(5).
The amendments proposed in paragraph 24(i)
of the Bill will result in an increase in
the maximum fine from RM2,000 to RM50,000
for persons, sole proprietorships, partnerships
and bodies corporate convicted under section
24 of the Act and in the case of a continuing
offence, such persons, sole proprietorships,
partnerships and bodies corporate will be
liable to a further fine of RM500 for each
day during which the offence continues after
conviction. A person convicted under that
section will, under the proposed amendment,
be also liable to imprisonment for a term
not exceeding 3 years or to both a fine and
imprisonment. |
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Other amendments proposed in this Bill to
Act 487 are : |
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a)
the introduction of a new section 24B regarding
the employment of a firm or body corporate
as a consulting Quantity Surveyor (clause
25); |
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b) the introduction
of a new section 26B regarding the delivery
of notices or other documents to registered,
registered graduate or temporary registered
Quantity Surveyors and firms or bodies corporate
practising , as consulting Quantity Surveyors,
and matters related to it (clause 29); |
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c) the introduction
of a new section 29 to protect the Board,
Appeal Board, Investigating Committee, any
body appointed by the Board as well as persons
acting for them and persons appointed or authorised
by the Board in respect of acts or omissions
done in good faith in the performance of their
functions under the Act (clause 31); and |
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d) the introduction
of a new section 30 to enable the Board to
appoint an advocate and solicitor to represent
it and to appoint other persons to assist
the Board in carrying out its functions, powers
and duties (clause 31). |
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Other
amendments not specifically dealt with in
this Statement are |
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a) amendments
for the purpose of improving the organisation
and presentation of the provisions of Act
487; or |
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b) amendments
which are consequential or minor in nature. |
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QS Act Revised 2002 ( Winzip 8.0 and Acrobat Reader 6.0 is required) |
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QS Rules Amendment 2004 (
Winzip 8.0 and Acrobat Reader 6.0 is required) |
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