26AEntitlement to act as works assessor

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.