Australian Capital Territory Current Acts

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HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 698

Protection from personal liability for persons exercising Regulator's or Board's functions under this Law

    (1)     A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith—

        (a)     in the exercise of a function of the Regulator or the Board under this Law; or

        (b)     in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.

    (2)     Any liability resulting from an act or omission that would, but for the purposes of subsection (1), attach to a protected person attaches instead to the Regulator.

    (3)     In this section—

"protected person" means an individual who is any of the following—

        (a)     a member of the Board;

        (b)     a member of a committee of the Board;

        (c)     a member of the staff of the Regulator;

        (d)     an authorised officer;

        (e)     a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;

        (f)     a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e), including, for example, a person helping an authorised officer or an assistant mentioned in section 518, 519 or 523;

        (g)     a person—

              (i)     who constitutes a body corporate that exercises functions of the Regulator under this Law; and

              (ii)     who is, or is of a class, prescribed by the national regulations;

        (h)     any other person exercising functions of the Regulator under this Law.



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