Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 644

Protection for the Commonwealth and protected persons

  (1)   No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith:

  (a)   by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act; or

  (b)   by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

  (2)   No civil proceeding lies against the Commonwealth or a protected person in relation to anything done by an animal used by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

Protection for persons assisting protected persons

  (3)   No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act.

Protection for persons complying with emergency directions

  (4)   No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in complying with a direction given under section   446 that applies to the person.

Relationship to certain other provisions

  (5)   This section is subject to the following provisions:

  (a)   section   27 (acquisition of property);

  (b)   section   307 (undue detention or delay of vessel);

  (c)   section   326 (damage to electronic equipment).

Meaning of protected person

  (6)   Protected person means a person who is, or was, any of the following:

  (a)   the Agriculture Minister;

  (b)   the Health Minister;

  (c)   the Director of Biosecurity;

  (d)   the Director of Human Biosecurity;

  (da)   the Inspector - General;

  (e)   a biosecurity officer;

  (f)   a biosecurity enforcement officer;

  (g)   a chief human biosecurity officer;

  (h)   a human biosecurity officer;

  (i)   an officer or employee of the Agriculture Department or the Health Department;

  (j)   a person who is performing functions or exercising powers under Chapter   8 (biosecurity emergencies);

  (k)   a person who is appointed as an analyst under section   637.