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Construction Occupations (Licensing) Act 2004
26AEntitlement to act as works assessor
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26A Entitlement to act as works assessor
(1) A licensed construction practitioner is not entitled to perform services
as a works assessor if the practitioner has an interest in the work
(the works) to be considered for the works assessment service.
(2) For this section, a licensed construction practitioner has an interest in
the works if the practitioner, or an entity related to the practitioner—
(a) has a legal or equitable interest in the land where the works are,
or are to be, carried out; or
(b) has prepared, or intends to prepare, drawings intended to be used
in relation to the works, unless—
(i) the works have been certified by another entity; and
(ii) the other entity is not related to the practitioner; or
(c) has carried out, or intends to carry out, any of the works; or
(d) has a financial interest in the construction or completion of the
works.
(3) For this section, an entity is related to a licensed construction
practitioner if the entity is—
(a) an entity with which the practitioner has a personal,
professional, commercial or financial relationship; or
(b) an employer or employee of the practitioner; or
(c) a company of which the practitioner is a director or in which the
practitioner holds a share.
(4) For this section, works have been certified if—
(a) a building approval has been issued for the works; or
(b) a development approval has been issued for the works; or
(c) a works assessment service has been provided for the works.