(1) An official is not civilly liable for conduct engaged in honestly and without recklessness—
(a) in the exercise of a function; or
(b) in the reasonable belief that the conduct was in the exercise of a function.
(2) Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.
(3) In this section:
"conduct" means an act or omission to do an act.
"function" means a function under—
(a) the local application provisions of this Act; or
(b) the local regulations; or
(c) the Co-operatives National Law (ACT) ; or
(d) the Co-operatives National Regulation (ACT) .
"official" means—
(a) the Minister; or
(b) the Registrar; or
(c) a public sector official engaged in the administration of the local application provisions of this Act or the Co-operatives National Law (ACT) .
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).