Victorian Current Acts

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FISHERIES ACT 1995 - SECT 142

Immunity provision

S. 142(1) amended by Nos 40/2002 s. 25(a)(b), 35/2009 s. 39, 68/2016 s. 139, 40/2019 s. 33.

    (1)     The Minister, the Secretary, the Victorian Fisheries Authority, the chief executive officer, a delegate or deputy of the Minister, Secretary, Victorian Fisheries Authority or chief executive officer, or an employee of the Victorian Fisheries Authority, an officer of the Department, an authorised officer, a member of the Commercial Fisheries Licensing Panel, a member or deputy of the Compensation Assessment Panel (established under Part 10) or a member or deputy of the Compensation Appeals Tribunal (established under Part 10) is not personally liable for anything done or omitted to be done in good faith—

S. 142(1)(a) amended by No. 5/1997
s. 50(1)(q).

        (a)     in the performance of a function or the exercise of a power under this Act; or

S. 142(1)(b) amended by No. 5/1997
s. 50(1)(q).

        (b)     in the reasonable belief that the act or omission was in the performance of a function under this Act.

    (2)     Any liability that would but for subsection (1) attach to the persons specified in subsection (1) attaches instead to the Crown.



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