29Meaning of “conflict of interest”

#### 29 Meaning of “conflict of interest” 29 Meaning of “conflict of interest” > > (1) For the purposes of this Division, a registered certifier has a conflict of interest in certification work— > > > > > (a) if a reasonable person would conclude that— > > > > > > > (i) the registered certifier has a private interest with respect to the certification work, and > > > > > > > (ii) the private interest comes into conflict with, and may affect, the duty of a registered certifier to act in the public interest when undertaking the certification work, or > > > > > (b) in any other circumstances prescribed by the regulations. > > > (2) Without limiting subsection (1) (a), a registered certifier has a private interest with respect to certification work if the registered certifier is any of the following— > > > > > (a) a person who is obtaining the benefit of the certification work, > > > > > (b) a person who has a pecuniary interest in the development or building to which the certification work relates, > > > > > > Note. > > > > > > The definition of building in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (which because of section 4 (3) of this Act has the same meaning in this Act) includes part of a building, a structure (for example a swimming pool fence) or part of a structure. > > > > > (c) a person who has provided professional services (other than services that are certification work) with respect to the construction or design of the development or building to which the certification work relates, > > > > > (d) a person who has provided professional services (other than services that are certification work) with respect to a development application for the development or building to which the certification work relates, > > > > > (e) if the certification work is to be carried out in the area of a local council other than on behalf of the local council—a person who is a councillor or an employee of the local council, > > > > > (f) a person who has a relationship (whether family, personal, employment, or business) with a person referred to in paragraph (a), (b), (c), (d) or (e), > > > > > (g) any person prescribed by the regulations.