Australian Capital Territory Current Acts

CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 - SECT 123AE

    (1)     A building assessor must not prepare an energy efficiency rating statement for a building if the building assessor is—

        (a)     for a statement under the Civil Law (Sale of Residential Property) Act 2003

—

              (i)     the seller, a family member of the seller under that Act, or the seller's agent or lawyer; or

              (ii)     a member of a firm that the seller under that Act, or the seller's agent or lawyer, is a member of; or

              (iii)     someone else carrying on a business if the seller under that Act, or the seller's agent or lawyer or a family member of the seller, has a direct or indirect right to participate in the profits of the business; or

        (b)     for a statement under the Residential Tenancies Act 1997

—

              (i)     the lessor, a family member of the lessor under that Act, or the lessor's agent or lawyer; or

              (ii)     a member of a firm that the lessor under that Act, or the lessor's agent or lawyer, is a member of; or

              (iii)     someone else carrying on a business if the lessor under that Act, or the lessor's agent or lawyer or a family member of the lessor, has a direct or indirect right to participate in the profits of the business; or

        (c)     in any case—a person who—

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

              (ii)     has a financial interest in the building.

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

        (a)     the building assessor prepares the statement for a new building; and

        (b)     the statement is based on an energy efficiency certificate in relation to the building; and

        (c)     the statement is consistent with the certificate; and

        (d)     the building assessor gives—

              (i)     the registrar a declaration of the assessor's conflict of interest; and

              (ii)     the seller or lessor a copy of the declaration.

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

    (3)     In this section:

"energy efficiency certificate"—see the Building Act 2004

, section 139C.

"family member", of a person, means—

        (a)     the person's domestic partner; or

        (b)     the person's parent or child; or

        (c)     the person's brother, sister, half-brother or half-sister; or

        (d)     the parent or child of the person's domestic partner.