Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 61A

Immunity from civil actions

  (1)   No civil action, suit or proceeding lies against:

  (a)   the Commonwealth; or

  (b)   a protected person;

in respect of loss, damage or injury of any kind suffered by another person as a result of anything done, or omitted to be done, by a protected person in relation to the performance or purported performance, or in relation to the exercise or purported exercise, of a protected person's functions, duties or powers under this Act or the regulations.

  (2)   Subsection   (1) does not apply to an act or omission in bad faith.

  (3)   A reference in subsection   (1) to anything omitted to be done includes a reference to a failure to make a decision.

  (4)   In this section:

"protected person" means any of the following:

  (a)   the Minister;

  (b)   the Secretary;

  (c)   a person to whom powers or functions are delegated under subsection   57(1) or (1A);

  (d)   a member of a committee established under this Act or the regulations;

  (e)   an authorised person in relation to a provision of this Act (other than this section);

  (f)   an authorised officer (within the meaning of the regulations);

  (g)   an authorised person (within the meaning of the regulations);

  (ga)   a person of a kind prescribed by the regulations;

  (h)   a person assisting a person (a primary person ) referred to in paragraph   (a), (b), (c), (d), (e), (f), (g) or (ga) in relation to the performance or purported performance, or in relation to the exercise or purported exercise, of a primary person's functions, duties or powers under this Act or the regulations.



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