54Site auditor to avoid conflicts of interest

#### 54 Site auditor to avoid conflicts of interest 54 Site auditor to avoid conflicts of interest > > (1) A site auditor must not carry out a site audit of land— > > > > > (a) if he or she is or is related to a person by whom any part of the land is owned or occupied, or > > > > > (b) if he or she has a pecuniary interest in any part of the land or any activity carried out on any part of the land, or > > > > > (c) if it involves the site auditor reviewing any aspect of work carried out by, or a report written by, the site auditor or a person to whom the site auditor is related. > > > (2) A site auditor has a pecuniary interest for the purposes of this section if there is a reasonable likelihood or expectation of appreciable financial gain or loss to the site auditor, or to a person to whom he or she is related, from the relevant part or activity, but does not have such an interest if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision that the site auditor might make in relation to a site audit of the land. > > > (3) A site auditor is related to a person for the purposes of this section if the site auditor— > > > > > (a) is an employer, partner or employee of the person, or > > > > > (b) is a spouse, de facto partner, sibling, parent or child of the person, or > > > > > (c) has a contractual arrangement with the person that might reasonably be seen to give rise to a conflict between the site auditor’s duties as a site auditor and the site auditor’s interests under the arrangement, or > > > > > (d) is employed by the same employer as the person. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (4) (Repealed) > > **s 54:** Am 2003 No 91, Sch 1 \[11\] \[12\]; 2008 No 23, Sch 3.13; 2010 No 19, Sch 3.22 \[1\] \[2\].