Western Australian Current Acts Western Australian Current Acts (1) In this section
—
Commonwealth includes (without limitation) the
following —
(a) the
Crown in right of the Commonwealth;
(b) the
Government of the Commonwealth;
(c) a
Commonwealth authority;
(d) a
Commonwealth agent;
(e) a
person who is a former Commonwealth authority or Commonwealth agent if the
proceedings, liability or loss in question is connected with —
(i)
the person’s conduct while and as a Commonwealth
authority or Commonwealth agent; or
(ii)
otherwise the person’s role as a Commonwealth
authority or Commonwealth agent;
Commonwealth agent means an agent, representative,
advisor or contractor of the Commonwealth (but, to avoid doubt, does not
include a party to the Agreement or Mr Palmer);
Commonwealth authority means any of the following
—
(a) the
Governor-General of the Commonwealth;
(b) a
Minister of the Crown in right of the Commonwealth;
(c) a
department of the Government of the Commonwealth;
(d) an
agency, authority, instrumentality or other body (whether or not a body
corporate) established or continued for a public purpose —
(i)
under a law of the Commonwealth; or
(ii)
otherwise by the Commonwealth;
(e) a
person holding, or exercising the powers of, an office established or
continued for a public purpose —
(i)
under a law of the Commonwealth; or
(ii)
otherwise by the Commonwealth;
(f) a
staffer, member, officer or employee of a Commonwealth authority referred to
in paragraphs (a) to (e);
(g) a
person who is appointed to any office or other position under a law of the
Commonwealth, or otherwise by the Commonwealth, for a public purpose and who
is not covered by paragraphs (a) to (f);
indemnity means an indemnity under section 14(4)
or 15(2) or (3).
(2) Subsection (3)
applies if —
(a)
proceedings are brought, made or begun against the Commonwealth or the
Commonwealth incurs a liability to any person or a loss; and
(b) the
proceedings, liability or loss are connected with a disputed matter.
(3) Without limiting
the scope of any indemnity —
(a) each
indemnity applies as if the proceedings were brought, made or begun against
the State or the liability or loss were incurred by the State; and
(b) the
State may enforce each indemnity accordingly.
(4) To avoid doubt
—
(a)
nothing in subsection (3) makes the State liable to indemnify the Commonwealth
against the proceedings, liability or loss nor otherwise affects any liability
of the State to the Commonwealth; and
(b)
subsection (3) applies even if the State has no liability to indemnify the
Commonwealth against the proceedings, liability or loss.
(5) The State may
assign to the Commonwealth —
(a) the
State’s right to receive a particular amount owed to the State under an
indemnity (whether by virtue of this section or otherwise); or
(b) any
other right the State has under or connected with an indemnity (whether by
virtue of this section or otherwise).
[Section 16 inserted: No. 32 of 2020 s. 7.]