(1)  A building surveyor is a building services provider who is engaged by the owner of premises to perform or exercise, in respect of the premises, the functions or powers of a building surveyor under this Act.

(2)  A person must not accept an engagement to perform the functions or exercise the powers of a building surveyor, in respect of work performed on premises, if the person –

(a) does not hold a licence under the Occupational Licensing Act 2005 that authorises him or her to perform those functions, or exercise those powers, of a building surveyor; or

(b) has performed, or is required under the Act to perform, the functions or powers of a permit authority in respect of the work; or

(c) has provided professional advice in respect of the work in accordance with section 33 ; or

(d) is the owner of the premises where the work is to be performed; or

(e) was an employee of the owner of the premises immediately before he or she was engaged as a building surveyor for the premises; or

(f) is named, or is to be named, on a permit in relation to the work as the licensed builder or building services provider, or is an employee of the licensed builder or building services provider so named; or

(g) is a private consultant of a person referred to in paragraph (d) or (f) in respect of the work; or

(h) is the employer of a person referred to in paragraph (f) or of persons performing building contracts generally; or

(i) has prepared, or reviewed, the design for the building work or a performance solution proposed as part of the work; or

(j) was employed in the immediately preceding 12-month period by a designer of the work; or

(k) has a direct, or indirect, pecuniary interest in –

(i) the designer of the work; or

(ii) the work or premises where the work is to be performed; or

(iii) any other person associated with the work or premises where the work is to be performed; or

(l) has a potential conflict of interest between his or her functions as a building surveyor and his or her personal or business interests.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(3)  A person must not accept an engagement as a building surveyor unless –

(a) the prospective building surveyor has provided, to the person engaging the person as a building surveyor, a complete schedule of fees that may be charged by the building surveyor in the course of the engagement; and

(b) the person engaging the building surveyor has agreed to that schedule of fees.

Penalty:  In the case of –

(a) a natural person, a fine not exceeding 100 penalty units; or

(b) a body corporate, a fine not exceeding 500 penalty units.

(4)  The Minister may, by notice in the Gazette , appoint the Director of Building Control as building surveyor, or to undertake the functions of a building surveyor that are specified in the notice, on the terms and conditions specified in the notice.