Restriction on engagement of private certifier (class B)
140 Restriction on engagement of private certifier (class B)
This section applies to any of the following persons (the service provider) who proposes to enter into an engagement of a private certifier for a building development application—
a private certifier (class B);
a private certifier employer who does not employ any private certifier (class A).
The service provider must not enter into the engagement unless the service provider has disclosed in writing to the proposed client that the private certifier proposed to be engaged can not decide whether to grant or refuse a development approval for the application.Maximum penalty—20 penalty units.
If the engagement is entered into, the service provider may enter into a written agreement with any of the following persons to decide whether the development approval is to be granted or refused—
a private certifier (class A);
a private certifier employer who employs a private certifier (class A).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.