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BUILDING AND DEVELOPMENT CERTIFIERS ACT 2018 - SECT 29
Meaning of "conflict of interest"
29 Meaning of "conflict of interest"
(1) For the purposes of this Division, a registered certifier has a
conflict of interest in certification work-- (a) if a reasonable person would
conclude that-- (i) the registered certifier has a private interest with
respect to the certification work, and
(ii) the private interest comes into
conflict with, and may affect, the duty of a registered certifier to act in
the public interest when undertaking the certification work, or
(b) in any
other circumstances prescribed by the regulations.
(2) Without limiting
subsection (1) (a), a registered certifier has a private interest with respect
to certification work if the registered certifier is any of the following--
(a) a person who is obtaining the benefit of the certification work,
(b) a
person who has a pecuniary interest in the development or building to which
the certification work relates, Note--: The definition of
"building" in the Environmental Planning and Assessment Act 1979 (which
because of section 4 (3) of this Act has the same meaning in this Act)
includes part of a building, a structure (for example a swimming pool fence)
or part of a structure.
(c) a person who has provided professional services
(other than services that are certification work) with respect to the
construction or design of the development or building to which the
certification work relates,
(d) a person who has provided professional
services (other than services that are certification work) with respect to a
development application for the development or building to which the
certification work relates,
(e) if the certification work is to be carried
out in the area of a local council other than on behalf of the local
council--a person who is a councillor or an employee of the local council,
(f) a person who has a relationship (whether family, personal, employment, or
business) with a person referred to in paragraph (a), (b), (c), (d) or (e),
(g) any person prescribed by the regulations.
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