New South Wales Consolidated Acts

BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 28

28 Conflicts of interest

(1) A registered certifier must not carry out the following certification work if the registered certifier has a conflict of interest in the certification work--

(a) carry out any inspection,

(b) issue any certificate (other than a compliance certificate issued under Part 6 of the Environmental Planning and Assessment Act 1979 by a certifier who is not issuing the certificate as a principal certifier),

(c) carry out any certification work prescribed by the regulations.

: Maximum penalty--300 penalty units.

(2) The regulations may create exemptions to subsection (1).

(3) The Secretary may, on the written application of a registered certifier, exempt the registered certifier from subsection (1) with respect to specified certification work or a class of certification work.

(4) An exemption under this section may be unconditional or subject to conditions.

(5) A registered certifier who has a conflict of interest in certification work does not commit an offence under this section if an exemption applies to the certification work and the registered certifier carries out the certification work in accordance with any conditions to which that exemption is subject.