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FAIR TRADING ACT 1989 - SECT 109
Limitation of action
109 Limitation of action
(1) No liability shall be incurred by the Crown or any person— (a) because
of any disclosure made to the commissioner, any officer of the department or
any inspector; or
(b) on account of any disclosure or publication made in
good faith by the Minister, the commissioner or by someone on the
commissioner’s behalf, concerning any of the following matters if the
Minister or the commissioner is satisfied it is in the public interest to make
the disclosure or publication— (i) the supply of goods or services;
(ii)
the commercial or business reputation of any person associated with the supply
of goods or services;
(iii) the quality or standard of goods or services
supplied by any person;
(iv) a contravention or alleged contravention of this
Act or the operation or enforcement of this Act.
(2) Without limiting
subsection (1) , no liability shall be incurred by the Crown, the Minister,
the commissioner, a person acting on the commissioner’s behalf, an officer
of the department or an inspector on account of any act or thing— (a) done
or omitted to be done under this Act; or
(b) done or omitted to be done
genuinely for the purposes of this Act and without negligence.
(3) This
section does not affect the liability of a person to disciplinary action under
the Public Sector Act 2022 .
(4) The provisions of this Act shall be read and
construed subject to the provisions of any other Act that limit the liability
of the Crown or any other person.
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