Offence for private certifier not to act in public interest in performing private certifying function
136 Offence for private certifier not to act in public interest in performing private certifying function
A private certifier must, in performing a private certifying function, always act in the public interest.Maximum penalty—1,665 penalty units.
For subsection (1), the occasions when a private certifier does not act in the public interest in performing a private certifying function include, but are not limited to, when the certifier does any of the following—
seeks, accepts or agrees to accept a benefit (whether for the certifier’s benefit or someone else) as a reward or inducement to act other than under this Act;
acts in a way contrary to a function of the certifier under this Act or the Planning Act;
falsely claims to be appropriately licensed to carry out building assessment work of a particular type;
acts outside the scope of the certifier’s powers under this Act or the Planning Act;
contravenes the code of conduct;
acts in a way, in relation to the certifier’s practice, that is grossly negligent or grossly incompetent.
The duty to act in the public interest, when performing a private certifying function, prevails to the extent of any inconsistency with any other obligation under this Act or to another person.
The duty to act in the public interest is taken not to create a conflict of interest under section 137.
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