31G.—(1) Where, upon due inquiry into a complaint or matter, a Disciplinary Committee is satisfied that the registered architect concerned —
(a)
has been convicted of any offence involving fraud, dishonesty or moral turpitude, or such defect in character which makes him unfit for his profession;
(b)
has been guilty of such improper act or conduct which, in the opinion of the Disciplinary Committee, brings disrepute to his profession;
(c)
has contravened any provision of the prescribed code of professional conduct and ethics;
(d)
is no longer in a position to carry out the duties of a registered architect effectively in Singapore; or
(e)
while being a director, a manager or an employee of a licensed corporation, or a partner, a manager or an employee of a licensed partnership or limited liability partnership, had failed to take reasonable steps to prevent the corporation, partnership or limited liability partnership from acting in a manner (other than as described in section 26A(1)(e)) which would warrant the Board revoking any licence granted to the corporation, partnership or limited liability partnership or imposing a penalty under section 26A(2),
the Disciplinary Committee may exercise one or more of the powers referred to in subsection (2).
(2) The powers that the Disciplinary Committee may exercise for the purposes of subsection (1) are as follows:
(a)
by order direct the Registrar to remove the name of the registered architect from the register of architects;
(b)
by order suspend the registered architect from practice for a period of not more than 2 years;
(c)
by order impose on the registered architect a penalty not exceeding $10,000;
(d)
by writing censure the registered architect; or
(e)
make such other order as the Disciplinary Committee thinks fit.
(3) In addition to its powers under subsection (2), the Disciplinary Committee may order the registered architect concerned to pay to the Board such sum, not exceeding $10,000, as the Disciplinary Committee thinks fit in respect of the costs and expenses of and incidental to any proceedings against him under this Part.
(4) Where the Disciplinary Committee finds that the registered architect has not been convicted or guilty of any of the matters referred to in subsection (1)(a) to (e), the Disciplinary Committee shall order that the complaint or information be dismissed.
(5) The costs and expenses referred to in subsection (3) shall include —
(a)
the costs and expenses of any advocate and solicitor appointed by the Board for proceedings before the Disciplinary Committee;
(b)
such reasonable expenses as the Board may pay to witnesses; and
(c)
such reasonable expenses as are necessary for the conduct of proceedings before the Disciplinary Committee,
and the High Court shall have jurisdiction to tax such costs and any such order for costs shall be enforceable as if it were made in connection with a civil action in the High Court.
(6) The Registrar shall serve on the registered architect concerned a notice of the order made by the Disciplinary Committee.
(7) Subject to subsection (8), an order referred to in subsection (2) shall not take effect until the expiration of 30 days after the order is made.
(8) On making an order referred to in subsection (2)(a) or (b), the Disciplinary Committee, if satisfied that to remove the name of the registered architect concerned from the register of architects or to suspend him from practice, as the case may be, is necessary for the protection of members of the public or would be in the best interests of the registered architect, may order that the Registrar immediately remove his name from the register or suspend him from practice, as the case may be.
(9) An order under subsection (8) shall take effect from the time the order is made.
(10) While any order of suspension from practice made under subsection (2)(b) remains in force, the person to whom the order applies shall not for the purposes of this Act be regarded as having in force a practising certificate but immediately on the expiry or annulment of such order, his privileges under this Act shall be revived as from the date of expiry or annulment.
(11) For the purposes of subsection (1)(e), a registered architect shall not be deemed to have taken reasonable steps to prevent the doing of any act by a licensed corporation, partnership or limited liability partnership unless he satisfies the Disciplinary Committee that —
(a)
the act was done without his knowledge;
(b)
he was not in a position to influence the conduct of the corporation, partnership or limited liability partnership in relation to its action; or
(c)
he, being in such a position, exercised all due diligence to prevent the corporation, partnership or limited liability partnership from so acting.
(12) In this section, references to acts done by a licensed corporation, partnership or limited liability partnership include references to omissions to act and to a series of acts or omissions to act.
(13) Every penalty imposed under an order by a Disciplinary Committee under subsection (2) shall be recoverable as a debt due to the Board.