Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 698

698 Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law

(1) A person who is or was a protected person does not incur civil liability personally for anything done or omitted to be done in good faith—

(a) in the exercise of a function of the Regulator or the Board under this Law; or

(b) in the reasonable belief that the act or omission was the exercise of a function of the Regulator or the Board under this Law.

(2) Any liability resulting from an act or omission that would, but for the purposes of subsection (1) , attach to a protected person attaches instead to the Regulator.

(3) In this section—

"protected person" means an individual who is any of the following—

(a) a member of the Board;

(b) a member of a committee of the Board;

(c) a member of the staff of the Regulator;

(d) an authorised officer;

(e) a person to whom the Regulator has delegated any of its functions or to whom functions delegated by the Regulator have been subdelegated;

(f) a person acting under the direction or authority of a person mentioned in paragraphs (a) to (e) , including, for example, a person helping an authorised officer or an assistant mentioned in section 518 , 519 or 523 ;

(g) a person—

(i) who constitutes a body corporate that exercises functions of the Regulator under this Law; and

(ii) who is, or is of a class, prescribed by the national regulations;

(h) any other person exercising functions of the Regulator under this Law.