Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 4(1)
Insert:
"protected person " : see subsection 123AA(3).
2 After paragraph 120A(3D)(e)
Insert:
(ea) the power under subsection 123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection 123AA(1)--to:
(i) an officer of the Navy who holds a rank not below the rank of Commodore; or
(ii) an officer of the Army who holds a rank not below the rank of Brigadier; or
(iii) an officer of the Air Force who holds a rank not below the rank of Air Commodore;
3 After subsection 120A(3D)
Insert:
Delegation by Secretary
(4) The Secretary may, by instrument in writing, delegate the Secretary's power under subsection 123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection 123AA(1) to an S ES employee in the Department.
4 After section 123
Insert:
123AA Immunity in relation to certain assistance
(1) A protected person (see subsection (3)) is not subject to any liability (whether civil or criminal) in respect of anything the protected person does or omits to do, in good faith, in the performance or purported performance of the protected person's duties, if:
(a) the duties are in respect of the provision of assistance, by or on behalf of the ADF or the Department, to:
(i) the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority or agency; or
(ii) members of the community; and
(b) the assistance is provided to prepare for a natural disaster or other emergency that is imminent, or to respond to one that is occurring or recover from one that occurred recently; and
(c) the assistance is provided at the direction of the Minister under subsection (2).
(2) The Minister may, in writing, direct the provision of assistance in relation to a natural disaster or other emergency if the Minister is satisfied of either or both of the following:
(a) the nature or scale of the natural disaster or other emergency makes it necessary, for the benefit of the nation, for the Commonwealth, through use of the ADF's or Department's special capabilities or available resources, to provide the assistance;
(b) the assistance is necessary for the protection of Commonwealth agencies, Commonwealth personnel or Commonwealth property.
(3) Each of the following is a protected person :
(a) a member of the Defence Force;
(b) an APS employee in the Department;
(c) a person authorised under subsection (4) to perform duties in respect of the provision of assistance mentioned in subsection (1).
(4) The Chief of the Defence Force, or the Secretary, may, in writing, authorise a person, or each person in a class of persons, to perform duties in respect of the provision of assistance mentioned in subsection (1), if the person, or each person in the class of persons, is any of the following:
(a) an APS employee or other employee of the Commonwealth or a Commonwealth authority or agency;
(b) a member of the naval, military or air force of a foreign country, or a member of a foreign police force (however described).
(5) The Minister may, in writing, delegate the Minister's power to make a direction under subsection (2) to the Chief of the Defence Force or the Secretary.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(6) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
(7) A direction made under subsection (2) is not a legislative instrument.
(8) This section does not prevent assistance being provided by or on behalf of the ADF or the Department in circumstances where a direction has not been made under subsection (2).