Commonwealth Numbered Acts

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 No. 153 of 1997 - SECT 26

(1) A Commonwealth authority or a subsidiary of a Commonwealth authority must
not indemnify a person who is or has been an officer of the authority against
either of the following liabilities incurred by the person as an officer of
the authority:

   (a)  a liability to the authority or to any subsidiary of the authority;

   (b)  a liability to another person (other than the authority or a
        subsidiary of the authority) arising out of conduct involving a lack
        of good faith.

(2) Subsection (1) does not prevent a person from being indemnified against
either of the following liabilities:

   (a)  a liability for costs or expenses incurred by the person in defending
        civil proceedings in which judgment is given in favour of the person;

   (b)  a liability for costs or expenses incurred by the person in defending
        criminal proceedings in which the person is acquitted.

(3) Subject to this section, a Commonwealth authority may indemnify a person
who is or has been an officer of the authority against liabilities incurred by
the person as an officer of the authority.

(4) A Commonwealth authority (or a subsidiary of a Commonwealth authority)
must not exempt a person who is or has been an officer of the authority from
any liability incurred by the person as an officer of the authority.

(5) In this section:
indemnify includes indemnify indirectly through one or more interposed
entities.