Document ID: chunk:federal_register_of_legislation:C2020A00125:clause:1_18
Version: federal_register_of_legislation:C2020A00125
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 7801–8778

18  At the end of section 80
Add:

Immunity
 (7) An aviation security inspector is not subject to any civil or criminal liability under the law of the Commonwealth, a State or a Territory in relation to the exercise of a power under paragraph (2)(f) to the extent that the exercise of the power:
 (a) is in good faith; and
 (b) does not seriously endanger the health or safety of any person; and
 (c) does not result in significant loss of, or serious damage to, property.
Note: A defendant bears an evidential burden in relation to the matter in this subsection for a criminal proceeding (see subsection 13.3(3) of the Criminal Code).
 (8) A person who wishes to rely on subsection (7) in relation to a civil proceeding bears an evidential burden in relation to that matter.
 (9) In this section:
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.