Entitlement to act as certifier
23 Entitlement to act as certifier
A licensed construction practitioner is not entitled to perform services as a certifier in relation to building work if the practitioner has an interest in the work.
For this section, a licensed construction practitioner has an interest in building work if the practitioner, or a person related to the practitioner—
has a legal or equitable interest in the land where the building work is, or is to be, carried out; or
has prepared, or intends to prepare, drawings intended to be used in relation to the construction of the building work; or
has carried out, or intends to carry out, any of the building work; or
has a financial interest in the construction or completion of the building work.
For this section, a person is related to a licensed construction practitioner if the person is—
a person with whom the practitioner has a personal, professional, commercial or financial relationship; or
an employer or employee of the practitioner; or
a company of which the practitioner is a director or in which the practitioner holds a share.
This section does not prevent a certifier from sketching a required design solution as part of a direction in a notice under section 44 (2) (a).
This Act’s bill:Explanatory statementSecond reading speech
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