52GConditions on recognition—independence and fairness

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.

(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.

Maximum penalty—

(a) for a body corporate—100 penalty units, or

(b) otherwise—50 penalty units.

cl 52G: Ins 2022 (62), Sch 1[8].