Western Australian Current Acts

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ABORIGINAL HERITAGE ACT 1972 - SECT 67

67 .         Indemnity

        (1)         A person who is, or has been —

            (a)         the Minister, a Trustee, a member of the Committee, the Registrar, or an honorary warden; or

            (b)         acting under the direction or authority of the Minister, a Trustee, a member of the Committee, the Registrar, or an honorary warden,

                is not personally liable for anything done, or omitted to be done, in good faith, in, or in connection with, the exercise or purported exercise of any function under this Act.

        (2)         An action in tort does not lie against a person acting under an authority mentioned in section 66(1) for anything that the person has done, in good faith, in the performance or purported performance of a function to which the authority applies.

        (3)         The protection given by this section applies even though the thing done as described in subsection (1) or (2) may have been capable of being done whether or not this Act had been enacted.

        (4)         Despite subsections (1) and (2), the State is not relieved of any liability that it might have for another person having done anything as described in those subsections.

        (5)         In this section, a reference to the doing of anything includes a reference to an omission to do anything.

        [Section 67 inserted: No. 24 of 1995 s. 52; amended: No. 8 of 2010 s. 8.]



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