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[F.A.Q.]
Fiji Sessional Legislation |
FIJI
ACT No. 7 OF 1986
I assent.
[L.S.]
P.
K. GANILAU
Governor-General
20th March 1986
AN ACT
TO
PROVIDE FOR THE REGISTRATION OF VALUERS AND REGULATE THE PRACTICE OF VALUING;
AND FOR RELATED PURPOSES
[21st March 1986]
ENACTED
by the Parliament of Fiji-
PART I - PRELIMINARY
Short title
1.
This Act may be cited as the Valuers Registration Act, 1986.
Interpretation
2.
In this Act, unless the contrary intention appears-
"Board" means the Valuers Registration Board established under section 3;
"Chairman" means the Chairman of the Board;
"member" means the Chairman or another member of the Board;
"registered valuer" means a person whose name is entered in the register;
"register" means the register of valuers kept under section 7;
"Registrar" means the Registrar of Valuers appointed under section 4;
"valuer" means a person who, either as a principal or as an employee or agent, holds himself out as ready to engage in professional valuations of land, or of estates or interests in land.
PART II - ESTABLISHMENT, CONSTITUTION AND DUTIES OF THE VALUERS REGISTRATION BOARD
Establishment of the Board
3.-(1)
There is established by this Act a Board by the name of the Valuers Registration
Board.
(2) The Board shall consist
of a Chairman and 3 other members, all of whom (including the Chairman) shall be
appointed by the Minister
and shall be
valuers.
(3) Subject to subsection
(4), at least one of the members shall be appointed from a panel of at least 3
names submitted to the Minister
by the Institute of Valuation and Estate
Management of Fiji.
(4) If the
Institute of Valuation and Estate Management of Fiji fails to supply a panel of
names to the Minister within one month
of being requested to do so by the
Minister, the Minister may appoint all the members without reference to the
Institute.
(5) In the absence of
the Chairman at any meeting, the other members shall appoint one of themselves
to act as Chairman.
(6) A quorum
shall be 3 and all resolutions shall be passed by a majority of those present.
The Chairman shall have an original and
a casting
vote.
(7) The Board shall cause
proper records of its proceedings to be
kept.
(8) Subject to this Act the
Board may regulate its own procedure.
Registrar and Secretary
4.-(1)
The Minister shall appoint an officer of the Department of Government having
responsibility for land valuation matters to be
the Registrar of
Valuers.
(2) The Registrar shall
be the Secretary of the Board and may also be a member.
Duties of the Board
5.
The duties of the Board are-
(a) to determine the suitability of persons for registration as valuers;
(b) to authorise the registration of approved persons as valuers;
(c) to regulate the conduct of valuers and the practice of valuing; and
(d) to advise the Minister in relation to the practice and activities of valuers in Fiji.
Removal and resignation
6.-(1)
The Minister may terminate the appointment of a member for misbehaviour or
incapacity.
(2) A member may
resign his office by notice in writing addressed to the
Minister.
(3) Subject to
subsections (1) and (2) a member holds office for such period, not exceeding 3
years, as is specified in his instrument
of
appointment.
(4) A member is
eligible for reappointment.
(5) If
the office of a member becomes vacant before the expiration of his term of
office the Minister shall appoint a person to fill
the vacancy in accordance
with section 3.
(6) A person
appointed under subsection (5) holds office until the expiration of the term of
the member whose office became vacant.
PART III - REGISTRATION OF VALUERS
Register of valuers
7.-(1)
The Registrar shall keep a register of valuers in which shall be inserted the
names, addresses and qualifications of all registered
valuers and such other
particulars as may be prescribed or as the Board may
require.
(2) In the month of
January each year the Registrar shall publish in the
Gazette
a list of the names of persons registered
in the register as on the 31 December immediately
preceding.
(3) The Registrar shall
publish in the
Gazette
from time to time any names added to or deleted from the
register.
(4) On application to
the Registrar the register shall be available for inspection by any person
during normal working hours on payment
of such fee as may be
prescribed.
(5) Each entry in the
register shall be signed by the
Registrar.
(6) The Registrar shall
from time to time make any necessary alterations to the register on instructions
from the Board, including
the deletion of the name of any deceased
person.
Applications for registration
8.-(1)
Any person wishing to be registered as a valuer shall apply in writing to the
Registrar submitting evidence to support his
application.
(2) The Board may
approve, defer or refuse such application, or request the applicant to provide
such additional information as the
Board may reasonably
require.
(3) The Board may require
an applicant for registration to attend personally before the Board, and if he
fails to attend as required,
may refuse the
application.
(4) The Board may
require a person to verify by statutory declaration a representation made by him
in support of an application.
Qualifications for registration
9.-(1)
A person shall not be registered as a valuer unless, at the date of his
application, he has attained the age of 21 years, and
satisfies the Board that
he is of good character and reputation and has either-
(a) acquired such professional qualification and experience, whether in Fiji or elsewhere, as the Board consider to be adequate for the efficient practice of the work of a valuer; or
(b) (i) passed such examination or examinations as may be set or approved by the Board,
and
(ii) completed such period of practical training in the work of a valuer as the Board may consider satisfactory; or
(c) at the date of coming into force of this Act, sufficient knowledge of the practical experience in valuation in Fiji to justify his registration.
(2)
A person seeking registration under paragraph
(c)
of subsection (1) shall not be registered unless he applies for registration
within one year of the commencement of this Act.
Annual registration fee
10.-(1)
Every person registered under the provisions of this Act, other than a valuer
who is a public officer, shall pay to the Registrar
such annual registration fee
as may be prescribed or, if no such fee is prescribed, an annual fee of
$50.
(2) Any fee due and payable
in accordance with subsection (1) shall be paid on or before the date of
registration or reinstatement,
as the case may be, and upon each anniversary of
such date during the currency of such
registration.
(3) Where any valuer
gives notice in writing to the Board before the date upon which the annual
registration fee is payable by him
in any year that he will not practise as a
valuer during the year then immediately succeeding, the Board may direct that
the annual
fee to be paid by him in respect of that year shall be 10% of the fee
due and payable in accordance with
subsection
(1):
Provided
that if during such year the valuer recommences practice the full fee for the
whole year less the amount paid in accordance
with this subsection shall then be
due and payable to the Board.
Evidence of registration, etc.
11.-(1)
Where a person is registered as a valuer the Board shall cause to be issued to
him a certificate of registration signed by the
Chairman and the
Registrar.
(2) A certificate of
registration is evidence that the person specified in the certificate was
registered as a valuer on the date
specified in the
certificate.
(3) A list of persons
published in accordance with section 7(2) and addition published in accordance
with section 7(3) is evidence
that the persons named are registered under this
Act and the absence or deletion of the name of any person is evidence that such
person is not so registered.
(4)
Notwithstanding subsection (3) a certificate purporting to be under the hand of
the Chairman stating -
(a) that a person was or was not registered; or
(b) that the registration of a person was suspended,
on
a date or during a period specified in the certificate, is evidence of the
matters stated.
(5) A person whose
name has been removed from the register, or who has been suspended, shall
surrender his certificate of registration
to the Registrar within such time as
the Board may require.
PART IV - REGULATION OF THE PRACTICE OF VALUING
Right of practice
12.
Subject to any other law, a registered valuer may practise as a valuer in
Fiji.
Code of professional conduct
13.-(1)
The Board shall prepare and issue to all registered valuers a code of
professional conduct comprising such directions as the
Board may consider
appropriate for the guidance of and observance by all registered
valuers.
(2) A contravention of a
code of professional conduct prepared under subsection (1) is
prima
facie evidence of conduct which is
infamous or unethical within the meaning of section 14.
Disciplinary powers of Board
14.-(1)
if any registered valuer-
(a) is convicted of any offence for which the maximum punishment is imprisonment for a term of not less that 2 years;
(b) is guilty of any act or conduct which in the opinion of the Board is infamous or unethical in any professional respect;
(c) is disqualified to practise as a valuer in a country or countries in which he was granted a recognised qualification as a valuer, or ceases to hold a qualification by reference to which he was registered;
(d) fails to pay a registration fee in accordance with section 10;
(e) obtains registration by fraud or misrepresentation; or
(f) becomes of unsound mind,
the
Board may after due inquiry order that the name of such registered valuer be
removed from the register or suspend his registration
for a period not exceeding
12 months.
(2) Notwithstanding
subsection (1), the Board may, instead of ordering that the name of a person be
deleted from the register, issue
a reprimand or warning to that
person.
(3) A person whose name
has been removed from the register, or who has been suspended, may apply for
reinstatement and upon receipt
of satisfactory evidence of proper reasons for
his reinstatement, the Board may reinstate him.
Witnesses may be required to attend and give evidence
15.-(1)
The Board, by notice in writing signed by its Chairman or Secretary, may require
any person to attend and give evidence before
it at the hearing of any
application or inquiry under this Part, and to produce all books and documents
in that person's custody
or under his control relating to the subject matter of
any such application or
inquiry.
(2) The Board may require
evidence to be given on oath, either orally or in writing, and for that purpose
the Chairman may administer
an
oath.
(3) Every person who without
lawful justification refuses or fails to attend and give evidence when required
to do so by the Board,
or to answer truly and fully any question put to him, or
to produce to the Board any book or document required of him, commits an
offence
against this section, and shall be liable on conviction to a fine not exceeding
$200.
Status of witness
16.-(1)
A witness before the Board has the same protection as a witness in proceedings
before the Supreme Court.
(2) The
hearing of an inquiry under this Part is, for the purpose of Chapter XII of the
Penal Code, a judicial proceeding.
Fees and allowances to witness
17.
A person who attends before the Board for the purpose of giving evidence is
entitled to receive from the Consolidated Fund such fees
and allowances as the
Chairman allows in accordance with such scale of fees and allowances as may be
prescribed.
Record of finding
18.
Where the Board refuses registration of a person as a valuer, or exercises any
of its disciplinary powers in accordance with section
14 in relation to a
person, it shall record the finding on which the decision was based and its
reasons and, if the person concerned
so requests, furnish him with a copy of the
finding and the reasons.
Appeals against decisions of Board
19.-(1)
Any person aggrieved by-
(a) the refusal of the Board to approve his application for registration; or
(b) the removal of his name from the register; or
(c) the suspension of his registration; or
(d) the refusal of the Board to approve reinstatement of his name in the register,
may
appeal to the Supreme Court.
(2)
The decision of the Supreme Court in an appeal under this section is
final.
Unregistered persons practising as valuers, etc.
20.-(1)
Subject to subsection (2) a person, other than a registered valuer,
who-
(a) pretends that he is or holds himself out, directly or indirectly, to be a registered valuer or to be entitled to practise as a valuer;
(b) takes or uses the name or title of a registered valuer, or a name, title, addition or description implying that he is a registered valuer;
(c) practises as a valuer, or charges or receives a fee for work done as a valuer,
is
guilty of an offence and liable on conviction to a fine not exceeding $1000.
(2) Subsection (1) shall have
effect on and from 31 December
1986.
(3) A person who fails to
surrender a certificate of registration in accordance with section 11(5) shall
be guilty of an offence and
liable on conviction to a fine not exceeding
$200.
(4) It is a defence to a
prosecution for an offence under subsection (3) if the accused satisfies the
Court that-
(a) the certificate has been destroyed; or
(b) after diligent search he has been unable to find the certificate.
PART V - GENERAL
References in other laws
21.
A reference in any other written law to a valuer or appraiser shall, unless the
context otherwise requires, be taken as a reference
to a registered valuer
within the meaning of this Act.
Payment into Consolidated Fund
22.
Fees paid under this Act shall be paid into the Consolidated
Fund.
Regulations
23.-(1)
The Minister may make regulations, not inconsistent with this Act, prescribing
matters-
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,
and
without prejudice to the generality of the foregoing may
prescribe-
(c) sums to be paid to persons attending the Board;
(d) forms, certificates and other documents to be used for the purpose of any function of the Board;
(e) the subject matter of examinations;
(f) the standards required to be attained by examination candidates;
(g) times when examinations may be held; and
(h) fees payable in respect of examinations.
(2)
Subject to the concurrence of the Minister, the Board shall make by-laws
prescribing fees payable in respect of work done as a
registered
valuer.
24.
This Act binds the Crown.
Passed
by the House of Representatives this twenty-fifth day of February, in the year
of our
Lord one thousand, nine
hundred and eighty-six.
Passed by
the Senate this twentieth day of March, in the year of our Lord one thousand,
nine hundred and eighty-six.
___________
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