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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 768

Liability for acts and omissions

Scope

  (1)   This section applies to the following bodies and people:

  (a)   the responsible Commonwealth Minister;

  (b)   the Joint Authority;

  (c)   a member of the Joint Authority;

  (ca)   the Cross - boundary Authority;

  (cb)   a member of the Cross - boundary Authority;

  (d)   the Titles Administrator;

  (e)   NOPSEMA;

  (f)   the Chief Executive Officer of NOPSEMA;

  (g)   a NOPSEMA inspector;

  (j)   a person acting under the direction or authority of the responsible Commonwealth Minister, the Joint Authority, the Cross - boundary Authority or the Titles Administrator;

  (k)   a person acting under the direction or authority of NOPSEMA or the Chief Executive Officer of NOPSEMA.

  (2)   This section does not apply to a person or body merely because the person or body is acting in accordance with a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of the responsible Commonwealth Minister, the Joint Authority, the Titles Administrator or NOPSEMA.

Extent of liability

  (3)   A body or person is not liable to an action, suit or proceeding for, or in relation to, an act or matter in good faith done or omitted to be done in the exercise, or purported exercise, of any power or authority conferred by:

  (a)   this Act; or

  (b)   the regulations; or

  (c)   a direction under this Act.

Rectification of Register

  (4)   This section has effect subject to sections   506 and 555.

Note:   Sections   506 and 555 deal with rectification of Registers.

Judicial review

  (5)   This section does not affect:

  (a)   any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to:

  (i)   a decision; or

  (ii)   conduct engaged in for the purpose of making a decision; or

  (iii)   a failure to make a decision; or

  (b)   any other rights that a person has to seek a review by a court or tribunal in relation to:

  (i)   a decision; or

  (ii)   conduct engaged in for the purpose of making a decision; or

  (iii)   a failure to make a decision.

  (6)   An expression used in subsection   (5) has the same meaning as in section   10 of the Administrative Decisions (Judicial Review) Act 1977 .

 


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