QLDIn ForceAct
Building Act 1975
sec.246AXPool safety inspector’s duty to act in public interest in performing pool safety inspection function
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### sec.246AX Pool safety inspector’s duty to act in public interest in performing pool safety inspection function
A pool safety inspector must, in performing pool safety inspection functions, always act in the public interest.
See also section 246BD (Effect of pool safety inspector not complying with Act if no penalty provided).
For subsection (1) , the occasions when a pool safety inspector does not act in the public interest in performing pool safety inspection functions include, but are not limited to, when the inspector does any of the following—
seeks, accepts or agrees to accept a benefit (whether for the inspector’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 inspector under this Act;
acts outside the scope of the inspector’s powers under this Act;
contravenes the code of conduct for pool safety inspectors;
acts in a way, in relation to the inspector’s practice, that is grossly negligent or grossly incompetent.
s 246AX ins 2010 No. 21 s 10
amd 2012 No. 3 s 132 sch
(sec.246AX-ssec.1) A pool safety inspector must, in performing pool safety inspection functions, always act in the public interest. See also section 246BD (Effect of pool safety inspector not complying with Act if no penalty provided).
(sec.246AX-ssec.2) For subsection (1) , the occasions when a pool safety inspector does not act in the public interest in performing pool safety inspection functions include, but are not limited to, when the inspector does any of the following— seeks, accepts or agrees to accept a benefit (whether for the inspector’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 inspector under this Act; acts outside the scope of the inspector’s powers under this Act; contravenes the code of conduct for pool safety inspectors; acts in a way, in relation to the inspector’s practice, that is grossly negligent or grossly incompetent.
- (a) seeks, accepts or agrees to accept a benefit (whether for the inspector’s benefit or someone else) as a reward or inducement to act other than under this Act;
- (b) acts in a way contrary to a function of the inspector under this Act;
- (c) acts outside the scope of the inspector’s powers under this Act;
- (d) contravenes the code of conduct for pool safety inspectors;
- (e) acts in a way, in relation to the inspector’s practice, that is grossly negligent or grossly incompetent.