Australian Capital Territory Consolidated Acts

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CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 - SECT 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.



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