Australian Capital Territory Consolidated Acts

BUILDING ACT 2004 - SECT 139D

    (1)     A building assessor must not prepare an energy efficiency certificate for building work, in relation to a building, if the building assessor—

        (a)     has a legal or equitable interest in the building; or

        (b)     has a financial interest in the building; or

        (c)     is the certifier for the building work.

    (2)     However, a building assessor who has a conflict of interest mentioned in subsection (1) (a) or (b) may prepare an energy efficiency certificate if—

        (a)     the certificate is for—

              (i)     proposed building work; or

              (ii)     building work in relation to a building or part of a building that must not be occupied under section 76 (Occupation and use of buildings); and

Example—part of building

              •     a unit in a multi-unit development

              •     an extension of an existing building

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (b)     the building assessor gives the registrar a declaration of the assessor's conflict of interest.

Note     If a form is approved under s 128 for the declaration, the form must be used.