(1) An action in tort
does not lie against a person for anything the person has done, in good faith,
in the performance or purported performance of a function under this Act.
(2) The Minister and
the Crown are also relieved of any liability that either of them might
otherwise have had for another person having done anything as described in
subsection (1).
(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) The protection
given by this section extends to anything done by a person in good faith
—
(a)
under the authority of a harbour master, to assist the harbour master to
perform a function under this Act; or
(b) in
compliance with an order, direction or requirement given or made by a harbour
master.
(5) In subsection (4),
a reference to a harbour master includes a reference to a controlling
authority or the CEO.
(6) In this section, a
reference to the doing of anything includes a reference to an omission to do
anything.
[Section 8A inserted: No. 9 of 2014 s. 41.]