Victorian Current Acts

FOOD ACT 1984 - SECT 56

    (1)     This section applies to authorized officers (other than the Secretary) and employees of councils.

    (2)     A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—

        (a)     in the exercise of a power or the discharge of a duty under this Act; or

        (b)     in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.

S. 56(3) substituted by No. 60/2012 s. 66.

    (3)     Any liability resulting from an act or omission that would but for subsection (2) attach to a person to whom this section applies attaches instead—

S. 56(3)(a) amended by No. 2/2017 s. 16(14)(a).

        (a)     in the case of an authorized officer who is authorised by the Secretary DHHS under section 20(1), to the Secretary DHHS;

S. 56(3)(b) amended by Nos 2/2017 s. 16(14)(b), 38/2020 s. 47.

        (b)     in the case of an authorized officer who is authorised by the Secretary DJPR under section 20(1), to the Secretary DJPR;

        (c)     in the case of an authorized officer within the meaning of paragraph (c) of the definition of "authorized officer", to DFSV;

        (d)     in the case of an authorized officer within the meaning of paragraph (d) of the definition of "authorized officer", to PrimeSafe;

        (e)     in the case of an authorized officer who is an environmental health officer of a council or appointed by a council under section 20(1B) or an employee of a council, to that council.

S. 56A inserted by No. 42/2009 s. 39.