Clause 11

In addition to the requirements imposed on an accredited checker under section 18, where the certificate under section 6(1)(c) or (8) is made by an accredited checker acting on behalf of an accredited checking organisation —

the accredited checking organisation that is a corporation and any of its directors; and

any partner of the accredited checking organisation that is a partnership,shall not at the time of the making of the certificate have any professional or financial interest in the building works shown in the plans described in the certificate under section 6(1)(c) or (8).(2) A person shall be regarded as having a professional or financial interest in any building works if —

the person is or has been responsible for the design or construction of the building or any of the building works in any capacity except building works relating to the alterations of the building which —

do not affect any key structural element; or

affect any structural element but the effects are localised in nature and do not require any strengthening of any key structural element;

the person or any nominee of the person is a member, officer or employee of a company or other body which has a professional or financial interest in the building works; or

the person is a partner or is in the employment of a person who has a professional or financial interest in the building works.(3) For the purposes of this Act —

a person shall be treated as having a professional or financial interest in the building works even if the person has that interest only as trustee for the benefit of some other person; and

in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.(4) For the purposes of this Act —

involvement in the building works as an accredited checker or an accredited checking organisation; and

entitlement to any fee paid for the function as an accredited checker or an accredited checking organisation,shall not be regarded as constituting a professional or financial interest.(5) Any accredited checking organisation that is a corporation which contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.(6) Any partner of an accredited checking organisation that is a partnership, or any director of an accredited checking organisation that is a corporation, who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.Exemption for certain public authorities18B. The Minister may, by notification in the Gazette, exempt from sections 16(5B), 16A(7), 17(2) and 18(1) any building works —

which are carried out for any public authority constituted by any written law; and

in respect of which an accredited checker who is an officer or employee of the public authority has been appointed for the purposes of section 17(1).”.