25Circumstances in which a conflict does not arise

25 Circumstances in which a conflict does not arise

25 Circumstances in which a conflict does not arise

(1) For the purposes of section 28(2) of the Act, a registered certifier does not have a conflict of interest in certification work for doing anything specified in subclauses (2)–(9).

(2) The registered certifier issuing a relevant certificate on behalf of a council to the council or an employee of the council, but only if the development to which the certificate relates has a capital investment value of less than $2,000,000.

(3) The registered certifier carrying out an inspection of a swimming pool under Division 5 of Part 2 of the Swimming Pools Act 1992, carrying out work on the swimming pool and then issuing a certificate of compliance for the pool under that Division, but only if—

(a) the work—

(i) is carried out for the purposes of the issuing of the certificate of compliance, and

(ii) is carried out as expeditiously as possible after the inspection, and

(iii) has a total cost (including any materials and labour) of less than $1,000, and

(b) the registered certifier—

(i) holds a supervisor certificate or endorsed contractor licence under the Home Building Act 1989, and

(ii) is authorised under that certificate or licence to build a swimming pool or carry out structural landscaping.

(4) The registered certifier carrying out certification work on behalf of a council under a contract (council certification work) and carrying out other certification work in the area of the council (private certification work), but not if the council certification work and private certification work relate to the same development.

(5) The registered certifier providing advice as to whether something complies with the Building Code of Australia or a legislative requirement or whether building work or subdivision work complies with approved plans or specifications.

(6) The registered certifier doing any of the following in relation to the issue of a relevant certificate—

(a) identifying the matters to be satisfied before a relevant certificate can be issued in relation to an aspect of development,