South Australian Current Acts

PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 40

40—Immunity

        (1)         No liability shall attach to an inspector, or any person acting with the authority or on the direction of an inspector, in good faith and in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act.

        (2)         No liability attaches to any other employee or agent of the Crown engaged in the administration or enforcement of the Act for an act or omission in good faith in the exercise or purported exercise of a power or in the discharge or purported discharge of a duty under this Act.

        (3)         For the purposes of subsection (2), an employee or agent of the Crown who participates in the implementation of a plan developed and published under section 28A will be taken to be engaged in the administration or enforcement of this Act.

        (4)         A liability that would, but for this section, attach to a person attaches instead to the Crown.