55Meaning of “conflict of interest”

55 Meaning of “conflict of interest”

55 Meaning of “conflict of interest”

(1) In this division, a person carrying out approvals work has a conflict of interest in the approvals work if the person is—

(a) a person who obtains the benefit of the approvals work, or

(b) a person who has been involved in the construction or design of an aspect of the development or building to which the approvals work relates, or

(c) a person who is a close associate of the person for whom the approvals work is being carried out, or

(d) for approvals work carried out in the local government area of a local council other than for the local council—a person who is a councillor or employee of the local council, or

(e) a person who has a pecuniary interest in the development or building to which the approvals work relates, or

(f) for approvals work involving the issuing of a strata plan of subdivision, a notice of conversion or a strata certificate for a strata plan—a person who has prepared the plan or notice, or

(g) a person prescribed by the regulations, or

(h) a person who has a relationship, whether family, personal, employment or business, with a person referred to in paragraphs (a)–(f).

(2) The regulations may specify circumstances where a person referred to in subsection (1)(a)–(h) is taken not to have a conflict of interest.

(3) In this section—

involved, in the construction or design of an aspect of development or a building—

(a) includes—

(i) providing professional services, or

(ii) anything prescribed by the regulations, but

(b) does not include—

(i) carrying out approvals work, or

(ii) doing something the person carrying out the approvals work is required to do by this Act or the regulations, or

(iii) anything prescribed by the regulations.