(1) For this Part, an act done or omission made, or purported to have been done or made, by a member in the capacity of a public official under an Act or regulations (the authorising law ) is taken to have been done or omitted to be done by the member in the performance or purported performance of duties as a member.
(2) For subsection (1), a public official is a person appointed or authorised under the authorising law to perform inspection, investigation or other enforcement functions under that law for the Territory, an Agency or another Territory authority.
Examples of a public official for subsection (2)
1 A Fisheries Officer within the meaning of the Fisheries Act 1988.
2 An inspector within the meaning of the Meat Industries Act 1997.
3 An authorised officer within the meaning of the Tobacco Control Act 2002.
(3) This Part applies despite a provision of the authorising law providing for the protection from civil liability of a member (regardless of whether it also provides for protection from criminal liability) for an act done or omitted to be done in the exercise or purported exercise of a power, or the performance or purported performance of a function, under the law.