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Design and Building Practitioners Regulation 2021
52GConditions on recognition—independence and fairness
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#### 52G Conditions on recognition—independence and fairness
52G Conditions on recognition—independence and fairness
> > (1) For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.
>
> > (2) A condition in this clause applies to a director or officer of a body in the same way that it applies to the body.
>
> > (3) A recognised engineering body must do the following—
> >
> > > (a) exercise the body’s recognition function independently, fairly and with honesty and integrity,
> >
> > > (b) if the recognised engineering body operates a membership system for professional engineers in another capacity—ensure that a person who is not a member of the body is able to apply for recognition of registration as a professional engineer under the body’s recognition or registration scheme in the same way as a member.
> >
> > Maximum penalty—
> >
> > > (a) for a body corporate—200 penalty units, or
> >
> > > (b) otherwise—100 penalty units.
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> > (4) A recognised engineering body must do the following—
> >
> > > (a) have in place, and the body must comply with, a conflict of interest policy that—
> > >
> > > > (i) identifies and manages conflicts of interest, and
> > >
> > > > (ii) includes details of how actual and perceived conflicts of interest between the commercial interest of a body and the management of the recognition or registration scheme will be managed,
> >
> > > (b) ensure that the body’s recognition or registration scheme is updated as soon as practicable in accordance with changes to industry practice and legal requirements,
> >
> > > (c) ensure that persons who assess applications under the body’s recognition or registration scheme—
> > >
> > > > (i) are trained to perform assessments of professional engineers, and
> > >
> > > > (ii) act in accordance with the requirements of the scheme.
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> > Maximum penalty—
> >
> > > (a) for a body corporate—100 penalty units, or
> >
> > > (b) otherwise—50 penalty units.
>
> **cl 52G:** Ins 2022 (62), Sch 1\[8\].