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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 15 July 2001 to 13 December 2001 (accessed 29 January 2020 at 09:47) Current version
Part 11 Division 1 Clause 206
206   Definitions
(cf clause 81N of EP&A Regulation 1994)
In this Part:
associate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
automatic run-off contract means an insurance contract that indemnifies an individual, a company or a partnership against an accredited certifier’s statutory liability.
automatic run-off insurance scheme means a scheme under which:
(a)  single automatic run-off contracts, or numbers of identical or substantially identical automatic run-off contracts, are entered into from time to time between a number of insureds and an insurer, and
(b)  continuity of the indemnity provided to a practising insured by such a contract requires the insured and the insurer to enter into further such contracts from time to time.
certifying functions means the functions of a certifying authority under the Act.
company contract means an automatic run-off contract issued to a company.
expiry date, for an automatic run-off contract, means the date specified in the contract as the contract’s expiry date.
individual contract means an automatic run-off contract issued to an individual.
non-practising insured means an insured who has been, but is no longer, an accredited certifier.
partnership contract means an automatic run-off contract issued to a partnership.
person covered by the contract, in relation to a company contract or partnership contract, means an accredited certifier to whom the indemnity provided by the contract extends.
practising insured means an insured who is an accredited certifier, and includes an accredited certifier whose accreditation is suspended for the time being.
run-off cover means the indemnity that an automatic run-off contract is required to provide, as referred to in clause 211 (1).
statutory liability means a person’s liability to pay compensatory damages for breach of professional duty as an accredited certifier (whether actual or alleged) arising from:
(a)  any act or omission of the person, or
(b)  any misleading or deceptive conduct by the person (including conduct that is likely to mislead or deceive) within the meaning of:
(i)  section 52, 53, 53A or 74 of the Trade Practices Act 1974 of the Commonwealth, or
(ii)  any provision of the legislation of this or any other State or Territory that corresponds to a section referred to in subparagraph (i),
while acting in the capacity of an accredited certifier, whether as an individual, as a director or employee of a company or as a partner or employee of a partnership.