Prescribed conflicts
24 Prescribed conflicts
For the purposes of section 29(1)(b) of the Act, the following are circumstances in which a registered certifier has a conflict of interest in certification work—
the registered certifier issuing a strata certificate for a strata plan, strata plan of subdivision or a notice of conversion if the plan or notice has been prepared by the registered certifier or a person who has a relationship (whether family, personal, employment or business) with the registered certifier,
the registered certifier carrying out certification work in relation to an aspect of development if the registered certifier has done any of the following in relation to that aspect—
provided advice as to how to amend a plan or specification to ensure that the aspect will comply with the Building Code of Australia or a legislative requirement (but not if the advice was merely advice as to how the plan or specification could be amended to comply with a deemed-to-satisfy provision of the Building Code of Australia and the development relates only to a class 1 building or a class 10 building),
proposed a design option for the aspect of development, including proposing a performance solution to achieve compliance with a performance requirement of the Building Code of Australia.
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