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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Civil Liability (Charitable Donations) Amendment
Bill 2010
A BILL FOR
An Act to amend the Civil Liability Act 1936.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Civil Liability
Act 1936
4 Amendment of heading to Part 9
Division 11A
5 Insertion of
section 74B
74B Provision of other goods and services for
charitable or benevolent purpose
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Civil Liability (Charitable Donations)
Amendment Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Civil Liability
Act 1936
4—Amendment of
heading to Part 9 Division 11A
Heading to Part 9 Division 11A—delete the heading and
substitute:
Division 11A—Charitable
donations
After section 74A insert:
74B—Provision of other goods and services for
charitable or benevolent purpose
(1) A person incurs no civil liability for loss of life or personal injury
or damage to property arising from the provision of goods or services to another
if, in providing the goods or services, the person acted—
(a) without expectation of payment or other consideration; and
(b) for a charitable or benevolent purpose; and
(c) with the intention that the consumer of the goods or services would
not have to pay for them.
(2) The immunity extends to the agents and employees of the person
providing the goods or services.
(3) However, the immunity does not operate in the following
cases:
(a) in the case of goods—if the person knew or was recklessly
indifferent to the fact that when the goods left the possession or control of
the person they were in a state likely to cause harm to a consumer of the goods
or to the property of a consumer of the goods;
(b) in the case of services—if the person knew or was recklessly
indifferent to the fact that the services were provided in a manner likely to
cause harm to a consumer of the services or to the property of a consumer of the
services;
(c) in respect of a liability that falls within the ambit of a scheme of
compulsory third-party motor vehicle insurance;
(d) if the ability of the person who personally provided the goods or
services was, at the relevant time, significantly impaired by a drug (including
alcohol) consumed voluntarily for non-medicinal purposes.
(4) The Minister must, as soon as practicable after the second anniversary
of the commencement of this section—
(a) cause a report to be prepared on the operation of this section;
and
(b) cause a copy of the report to be laid before each House of
Parliament.
(5) This section does not apply to the donation or distribution of food
(see section 74A).
(6) In this section—
goods means substances or articles.